MENTAL HEALTH BILL 2015

This is a Bill, not an Act. For current law, see the Acts databases.

MENTAL HEALTH BILL 2015

Queensland Mental Health Bill 2015

Queensland Mental Health Bill 2015 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 3 Main objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Part 2 Principles for administration of Act 5 Principles for persons with mental illness. . . . . . . . . . . . . . . . . . . 43 6 Principles for victims and others. . . . . . . . . . . . . . . . . . . . . . . . . . 46 7 Regard to principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 8 Application to person with intellectual disability . . . . . . . . . . . . . . 47 Part 3 Interpretation 9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 10 Meaning of mental illness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 11 Meaning of involuntary patient . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 12 Meaning of treatment criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 13 Meaning of less restrictive way. . . . . . . . . . . . . . . . . . . . . . . . . . . 50 14 Meaning of capacity to consent to be treated. . . . . . . . . . . . . . . . 52 15 Responsibility for involuntary patient or forensic disability client . 53 16 Purpose of limited community treatment . . . . . . . . . . . . . . . . . . . 53 Part 4 Overview of Act 17 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 18 Treatment authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 19 Persons in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 20 Psychiatrist reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 21 Mental Health Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 22 Magistrates Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Mental Health Bill 2015 Contents 23 Treatment and care of patients . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 24 Mechanical restraint, seclusion, physical restraint and other practices 57 25 Rights of patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 26 Chief psychiatrist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 27 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 28 Mental Health Review Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 29 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Chapter 2 Making of treatment authorities after examination and assessment Part 1 Preliminary 30 Purpose of ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Part 2 Examinations and recommendations for assessment Division 1 Examinations generally 31 Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 2 Powers under examination authorities 32 Powers of doctor or authorised mental health practitioner . . . . . . 61 33 Reasonable help and force to exercise powers . . . . . . . . . . . . . . 61 34 Asking police officer for help. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 35 Action before exercising powers. . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 3 Detention of particular persons to make recommendation for assessment 36 Powers of doctor or authorised mental health practitioner . . . . . . 63 37 Reasonable help and force to exercise powers . . . . . . . . . . . . . . 63 38 Action before exercising powers. . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 4 Recommendations for assessment 39 Making recommendation for assessment. . . . . . . . . . . . . . . . . . . 64 40 Notice of making. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 41 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 42 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Part 3 Assessments 43 Making assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 44 Where and how person may be assessed . . . . . . . . . . . . . . . . . . 66 45 Detention for assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 46 Start of assessment period to be noted . . . . . . . . . . . . . . . . . . . . 68 47 Explaining decision not to make treatment authority . . . . . . . . . . 68 Page 2

Mental Health Bill 2015 Contents Part 4 Treatment authorities 48 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 49 Making treatment authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 50 Form of treatment authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 51 Category. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 52 Limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 53 Nature and extent of treatment and care . . . . . . . . . . . . . . . . . . . 71 54 When advance health directive not followed . . . . . . . . . . . . . . . . 72 55 Notice of making. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 56 Review of treatment authority if not made by psychiatrist . . . . . . 73 57 Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 58 Notice about review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 59 Date for first assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 60 Relationship with forensic order (disability) . . . . . . . . . . . . . . . . . 76 Chapter 3 Persons in custody Part 1 Preliminary 61 Purpose of ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 62 Definitions for ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 63 Meaning of person in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 64 Meaning of classified patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Part 2 Transport of persons in custody to authorised mental health services 65 Transport for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 66 Transport for treatment and care under treatment authority or particular orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 67 Transport for treatment and care by consent . . . . . . . . . . . . . . . . 81 68 Transfer recommendation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 69 Administrator consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 70 Prior approval of chief psychiatrist for transport of minor to high security unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 71 Custodian consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 72 Notice to chief psychiatrist if person in custody not transported within 72 hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 73 Chief psychiatrist consent for transport . . . . . . . . . . . . . . . . . . . . 86 Part 3 Persons in custody remaining in authorised mental health services 74 Person subject to examination order or court examination order remaining in authorised mental health service . . . . . . . . . . . . . . . 87 Page 3

Mental Health Bill 2015 Contents Part 4 Requirements applying when person in custody becomes classified patient 75 Notice and explanation to person in custody who becomes classified patient. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 76 Notice to chief psychiatrist of person in custody becoming classified patient. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 77 Notice to tribunal of minor in custody becoming classified patient in high security unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 78 Examination of classified patient under s 201 . . . . . . . . . . . . . . . 91 79 Classified patient (involuntary) may become classified patient (voluntary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 80 Notice to chief psychiatrist if classified patient (voluntary) withdraws consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Part 5 Return to custody, or release from detention in authorised mental health service, of classified patient 81 Notice to chief psychiatrist of notice event . . . . . . . . . . . . . . . . . . 93 82 Chief psychiatrist may decide to return classified patient to place of custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 83 Return of classified patient to custody . . . . . . . . . . . . . . . . . . . . . 95 84 Person stops being classified patient if Mental Health Court makes decision on reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 85 Release of classified patient. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Chapter 4 Psychiatrist reports for serious offences Part 1 Preliminary 86 Purpose of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 87 Definitions for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Part 2 Psychiatrist report on request 88 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 89 Administrator must explain effect of request. . . . . . . . . . . . . . . . . 99 90 Request for psychiatrist report . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 91 Direction to prepare psychiatrist report . . . . . . . . . . . . . . . . . . . . 100 Part 3 Psychiatrist report on chief psychiatrist's own initiative 92 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 93 Direction to prepare psychiatrist report . . . . . . . . . . . . . . . . . . . . 101 94 Notice of direction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Part 4 Preparation of psychiatrist reports 95 Authorised psychiatrist must prepare psychiatrist report . . . . . . . 103 96 Information from prosecuting authority. . . . . . . . . . . . . . . . . . . . . 104 97 Support person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Page 4

Mental Health Bill 2015 Contents 98 Person must participate in examination in good faith--report on request 106 99 Person must attend examination--report on chief psychiatrist's initiative 107 100 Second psychiatrist report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Part 5 References by chief psychiatrist 101 Reference by chief psychiatrist to Mental Health Court . . . . . . . . 108 Part 6 Miscellaneous 102 Copies of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 103 Chapter stops applying to person if prosecution for offence discontinued 111 104 Application of chapter to person with intellectual disability. . . . . . 111 Chapter 5 Mental Health Court references Part 1 Preliminary 105 Purpose of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 106 Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 107 Meaning of associated offence. . . . . . . . . . . . . . . . . . . . . . . . . . . 114 108 Meaning of diminished responsibility . . . . . . . . . . . . . . . . . . . . . . 114 109 Meaning of unsound mind . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Part 2 Making of references by particular persons 110 When reference may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 111 How reference is made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Part 3 Proceedings for references Division 1 Preliminary 112 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 2 Notice requirements etc. 113 Notice of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 114 Parties to proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 115 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Division 3 Particular decisions 116 Decision about unsoundness of mind and diminished responsibility 119 117 Substantial dispute about whether person committed offence . . . 120 118 Decision about fitness for trial . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Division 4 Procedural provisions 119 Unsound mind--discontinuance of proceeding . . . . . . . . . . . . . . 121 120 Diminished responsibility--discontinuance of proceeding . . . . . . 122 121 Temporary unfitness for trial--stay of proceeding . . . . . . . . . . . . 122 Page 5

Mental Health Bill 2015 Contents 122 Permanent unfitness for trial--discontinuance of proceeding . . . 122 123 Fit for trial--continuation of proceeding . . . . . . . . . . . . . . . . . . . . 123 124 Related orders if person fit for trial . . . . . . . . . . . . . . . . . . . . . . . . 123 Division 5 Withdrawal of particular references 125 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 126 Application to withdraw reference. . . . . . . . . . . . . . . . . . . . . . . . . 124 127 Notices if application to withdraw filed . . . . . . . . . . . . . . . . . . . . . 125 128 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Part 4 Forensic orders and treatment support orders Division 1 Preliminary 129 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 130 Explanation about operation of forensic orders and treatment support orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 131 Orders if unsound mind or permanent unfitness for trial . . . . . . . 127 132 Orders if temporary unfitness for trial . . . . . . . . . . . . . . . . . . . . . . 127 133 Matters to which Mental Health Court must have regard . . . . . . . 128 Division 2 Forensic orders Subdivision 1 Making of forensic orders 134 Requirements for making forensic order . . . . . . . . . . . . . . . . . . . 128 135 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 136 Recommendations about intervention programs . . . . . . . . . . . . . 130 137 Non-revocation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Subdivision 2 Treatment in the community 138 Mental Health Court to decide category. . . . . . . . . . . . . . . . . . . . 131 139 Inpatient category. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 140 Community category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Subdivision 3 Other provisions 141 When category of forensic order (disability) may be described as residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 142 Admission to high security unit--stay of order . . . . . . . . . . . . . . . 133 Division 3 Treatment support orders Subdivision 1 Making of treatment support orders 143 Requirements for making treatment support order. . . . . . . . . . . . 134 144 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Subdivision 2 Treatment in the community 145 Mental Health Court to decide category and community treatment 135 Page 6

Mental Health Bill 2015 Contents Division 4 Responsibility for treatment and care 146 Responsibility for person subject to forensic order (mental health) or treatment support order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 147 Responsibility for person subject to forensic order (disability) . . . 137 148 Certificate of forensic disability service availability . . . . . . . . . . . . 138 Division 5 Transport 149 Transport to authorised mental health service . . . . . . . . . . . . . . . 138 150 Transport to forensic disability service . . . . . . . . . . . . . . . . . . . . . 139 Division 6 Other provisions 151 Matters authorised by forensic order (mental health) or treatment support order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 152 Matters authorised by forensic orders (disability) . . . . . . . . . . . . . 140 153 Status of forensic order or treatment support order if amended. . 141 154 Ending of order made because of temporary unfitness for trial . . 141 Part 5 Other provisions Division 1 Notice of decisions and orders 155 Notice of decisions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Division 2 Admissibility and use of evidence 156 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 157 Admissibility of expert's report at trial. . . . . . . . . . . . . . . . . . . . . . 143 158 Particular statements not admissible . . . . . . . . . . . . . . . . . . . . . . 143 159 Issue of mental condition may be raised at trial . . . . . . . . . . . . . . 143 160 Other use of expert's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Division 3 Victim impact statements 161 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 162 Preparation of victim impact statement . . . . . . . . . . . . . . . . . . . . 145 163 Production of victim impact statement by prosecuting authority . 145 164 Restrictions on disclosing victim impact statement . . . . . . . . . . . 145 165 Use of victim impact statement by Mental Health Court. . . . . . . . 146 Division 4 Persons subject to existing orders or authorities 166 Person subject to existing forensic order . . . . . . . . . . . . . . . . . . . 147 167 Person subject to existing treatment authority or treatment support order 147 Division 5 Miscellaneous 168 Relationship with ch 16, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Page 7

Mental Health Bill 2015 Contents Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 1 Preliminary 169 Purpose of ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 170 Childrens Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Part 2 Magistrates Courts Division 1 General 171 Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 172 Power to dismiss complaint--unsound mind or unfitness for trial 149 173 Power to adjourn hearing of complaint--temporary unfitness for trial 150 174 Power to refer person to appropriate agency or entity . . . . . . . . . 150 Division 2 References to Mental Health Court 175 When reference may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 176 How reference is made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Division 3 Examination orders 177 Power to make examination order for person charged with simple offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 178 Examination of person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 179 Examination report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 180 Admissibility of examination report. . . . . . . . . . . . . . . . . . . . . . . . 156 Part 3 Supreme Court and District Court Division 1 Making reference to Mental Health Court if person pleads guilty to indictable offence 181 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 182 Power to order plea of not guilty . . . . . . . . . . . . . . . . . . . . . . . . . . 157 183 Power to make reference to Mental Health Court and related orders 157 184 How reference to Mental Health Court is made . . . . . . . . . . . . . . 158 185 Persons who may give agreement for detention. . . . . . . . . . . . . . 159 186 Agreement for detention--administrator. . . . . . . . . . . . . . . . . . . . 159 187 Agreement for detention--chief psychiatrist. . . . . . . . . . . . . . . . . 160 188 Effect of order for detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Division 2 Forensic orders (Criminal Code) 189 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 190 Registrar of court to give notice of order . . . . . . . . . . . . . . . . . . . 161 191 Power to transport person to authorised mental health service . . 162 Part 4 Detention in authorised mental health service during trial 192 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Page 8

Mental Health Bill 2015 Contents 193 Power to order person's detention in authorised mental health service 162 194 Persons who may give agreement for detention. . . . . . . . . . . . . . 163 195 Agreement for detention--administrator. . . . . . . . . . . . . . . . . . . . 163 196 Agreement for detention--chief psychiatrist. . . . . . . . . . . . . . . . . 164 197 Effect of order for detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Chapter 7 Treatment and care of patients Part 1 Preliminary 198 Purpose of ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 199 Relationship between this Act and custodial status of particular patients 166 Part 2 Responsibility to provide treatment and care 200 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 201 Examination of patient for purpose of providing treatment and care 167 202 Authorised doctor's responsibilities for treatment and care . . . . . 168 203 Administrator's responsibilities for treatment and care . . . . . . . . . 168 Part 3 Patients subject to treatment authorities Division 1 Preliminary 204 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Division 2 Regular assessment 205 Authorised doctor must assess patient. . . . . . . . . . . . . . . . . . . . . 169 Division 3 Actions that may be taken after assessment 206 Authorised doctor may revoke treatment authority . . . . . . . . . . . . 170 207 Authorised psychiatrist may revoke treatment authority if patient missing 171 208 Chief psychiatrist may revoke treatment authority . . . . . . . . . . . . 171 209 Amendment of treatment authority to change category, limited community treatment or conditions . . . . . . . . . . . . . . . . . . . . . . . 172 210 Amendment of treatment authority to change category to inpatient 173 Part 4 Patients subject to forensic orders 211 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 212 Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 213 Amendment of forensic order to change category to inpatient. . . 176 214 Limited community treatment for patient subject to forensic order (Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Page 9

Mental Health Bill 2015 Contents Part 5 Patients subject to treatment support orders 215 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 216 Amendment of treatment support order to change category, limited community treatment or conditions . . . . . . . . . . . . . . . . . . . . . . . 178 217 Amendment of treatment support order to change category to inpatient 179 Part 6 Classified patients and patients subject to judicial orders 218 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 219 Authorisation of limited community treatment. . . . . . . . . . . . . . . . 181 Part 7 Obligations in relation to treatment in the community 220 Patient's obligations to be recorded and explained . . . . . . . . . . . 182 221 Chief psychiatrist may approve temporary absence. . . . . . . . . . . 183 Part 8 Advance health directives, nominated support persons and records system Division 1 Advance health directives 222 Advance health directive may include views about treatment and care 184 Division 2 Nominated support persons 223 Who is a nominated support person . . . . . . . . . . . . . . . . . . . . . . 185 224 Functions of nominated support person . . . . . . . . . . . . . . . . . . . . 186 Division 3 Records system 225 Chief psychiatrist to maintain records system . . . . . . . . . . . . . . . 186 226 Request to keep record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 227 Requirement to give notice--matters relating to advance health directive 188 228 Requirement to give notice--revocation of appointment of nominated support person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 229 Requirement to give notice--resignation of nominated support person 189 230 Copy in records system is proof . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Part 9 Regulated treatment Division 1 Preliminary 231 Meaning of regulated treatment . . . . . . . . . . . . . . . . . . . . . . . . . . 190 Division 2 Informed consent 232 Requirements for informed consent . . . . . . . . . . . . . . . . . . . . . . . 190 233 Explanation to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Division 3 Electroconvulsive therapy 234 Offence to perform electroconvulsive therapy . . . . . . . . . . . . . . . 191 Page 10

Mental Health Bill 2015 Contents 235 Performance of electroconvulsive therapy with consent or tribunal approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 236 Performance of electroconvulsive therapy in emergency . . . . . . . 192 Division 4 Non-ablative neurosurgical procedures 237 Offence to perform non-ablative neurosurgical procedure . . . . . . 193 238 Performance of non-ablative neurosurgical procedure with consent and tribunal approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Part 10 Prohibited treatment 239 Particular therapies prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 240 Psychosurgery prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 1 Preliminary 241 Purpose of ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 242 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Part 2 Mechanical restraint Division 1 Preliminary 243 Meaning of mechanical restraint . . . . . . . . . . . . . . . . . . . . . . . . . 196 244 Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Division 2 Authorised mechanical restraint 245 Requirements for use of mechanical restraint on relevant patients 197 246 Application for chief psychiatrist's approval . . . . . . . . . . . . . . . . . 198 247 Chief psychiatrist may require amendment of application to include reduction and elimination plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 248 Chief psychiatrist may approve authorisation of use of mechanical restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 249 Authorisation of use of mechanical restraint by authorised doctor 200 250 Duties of health practitioner in charge of unit . . . . . . . . . . . . . . . . 201 251 Removal of mechanical restraint before authorisation ends. . . . . 202 252 Reuse of mechanical restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Part 3 Seclusion Division 1 Preliminary 253 Meaning of seclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 254 Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 Division 2 Authorised seclusion 255 Requirements for seclusion of relevant patients. . . . . . . . . . . . . . 204 256 Chief psychiatrist may give written direction about seclusion. . . . 205 Page 11

Mental Health Bill 2015 Contents 257 Authorisation of seclusion by authorised doctor . . . . . . . . . . . . . . 205 258 Extension of period of seclusion. . . . . . . . . . . . . . . . . . . . . . . . . . 207 259 Duties of health practitioner in charge of unit . . . . . . . . . . . . . . . . 208 260 Removal from seclusion before authorisation ends . . . . . . . . . . . 209 261 Return to seclusion after removal. . . . . . . . . . . . . . . . . . . . . . . . . 209 Division 3 Emergency seclusion 262 Requirements for emergency seclusion by health practitioner in charge of unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Part 4 Reduction and elimination plans 263 What is a reduction and elimination plan . . . . . . . . . . . . . . . . . . . 211 264 Content of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 265 Application for chief psychiatrist's approval of plan . . . . . . . . . . . 212 266 Chief psychiatrist may approve plan. . . . . . . . . . . . . . . . . . . . . . . 212 Part 5 Physical restraint and clinical need for medication Division 1 Physical restraint 267 Meaning of physical restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 268 Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 269 Requirements for use of physical restraint . . . . . . . . . . . . . . . . . . 214 Division 2 Clinical need for medication 270 Meaning of medication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 271 Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 Part 6 Policies 215 272 Chief psychiatrist must make policy . . . . . . . . . . . . . . . . . . . . . . . 215 Chapter 9 Rights of patients and others Part 1 Preliminary 273 Purpose of ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 274 Definition for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 Part 2 Statement of rights 275 Preparing statement of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 276 Giving statement of rights to patients and others . . . . . . . . . . . . . 217 277 Display of signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 Part 3 Rights of patients 278 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 279 Visits by nominated support persons, family, carers and other support persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 280 Visits by health practitioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Page 12

Mental Health Bill 2015 Contents 281 Visits by legal or other advisers . . . . . . . . . . . . . . . . . . . . . . . . . . 219 282 Communication with others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 283 Information about treatment and care . . . . . . . . . . . . . . . . . . . . . 220 284 Understanding of oral information . . . . . . . . . . . . . . . . . . . . . . . . 220 285 Written notices to be given to nominated support persons and others 222 286 Communication about patient with others . . . . . . . . . . . . . . . . . . 223 287 Disclosure of confidential information under Hospital and Health Boards Act not limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 288 Second opinion about treatment and care . . . . . . . . . . . . . . . . . . 225 Part 4 Roles and responsibilities of nominated support persons, family, carers and other support persons 289 Roles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 290 Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 Part 5 Independent patient rights advisers 291 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 292 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 293 Independence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Chapter 10 Chief psychiatrist Part 1 Preliminary 294 Purpose of ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 295 Definition for ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 Part 2 Appointment, functions and powers 296 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 297 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 298 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 299 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 300 Independence of chief psychiatrist . . . . . . . . . . . . . . . . . . . . . . . . 231 301 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 302 Power to require administrator to give documents or information 232 Part 3 Policies, practice guidelines and annual report 303 Making policies or practice guidelines . . . . . . . . . . . . . . . . . . . . . 233 304 Publication of policies and practice guidelines . . . . . . . . . . . . . . . 236 305 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 Part 4 Investigations 306 Chief psychiatrist may investigate . . . . . . . . . . . . . . . . . . . . . . . . 238 307 Investigation report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 Page 13

Mental Health Bill 2015 Contents 308 Recommendations for improvement. . . . . . . . . . . . . . . . . . . . . . . 239 Part 5 Serious risks to persons or public safety 309 Purpose of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 310 Minister may direct chief psychiatrist to review matter . . . . . . . . . 240 311 Actions chief psychiatrist may take. . . . . . . . . . . . . . . . . . . . . . . . 241 312 Chief psychiatrist's order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 313 Chief psychiatrist may vary period or end order. . . . . . . . . . . . . . 243 Part 6 Information notices Division 1 Preliminary 314 Purpose of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 315 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 Division 2 Application, amendment and revocation 316 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 317 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 318 Right to receive information under notice . . . . . . . . . . . . . . . . . . . 247 319 Amendment of notice to change applicant's nominee . . . . . . . . . 248 320 Mandatory revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 321 Discretionary revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 Division 3 Miscellaneous 322 Tribunal must give particular information to chief psychiatrist about relevant patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 323 Telling relevant patient about information notice . . . . . . . . . . . . . 252 324 Misuse of information made available under an information notice 253 325 Application of part to forensic disability client. . . . . . . . . . . . . . . . 253 Chapter 11 Authorised mental health services Part 1 Preliminary 326 Purpose of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 Part 2 Declaration of authorised mental health services 327 Declaration of authorised mental health service . . . . . . . . . . . . . 255 328 Declaration of high security unit . . . . . . . . . . . . . . . . . . . . . . . . . . 255 329 Declaration of authorised mental health service (rural and remote) 255 Part 3 Administrators of authorised mental health services 330 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 331 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 332 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 Page 14

Mental Health Bill 2015 Contents 333 Register of authorised doctors and authorised mental health practitioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 334 Record of relevant patients. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 335 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 Part 4 Authorised doctors and authorised mental health practitioners Division 1 Appointment, functions and powers 336 Appointment of authorised doctor . . . . . . . . . . . . . . . . . . . . . . . . 258 337 When administrator is authorised doctor . . . . . . . . . . . . . . . . . . . 258 338 Appointment of authorised mental health practitioner . . . . . . . . . 259 339 Appointment of health practitioner to perform particular functions of authorised doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 340 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 259 341 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 342 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 343 Requirement to give notice of particular decisions. . . . . . . . . . . . 262 Division 2 Identity cards 344 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 345 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 263 346 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 Part 5 Transfer of patients Division 1 Preliminary 347 Purpose of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 348 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 Division 2 Authorised mental health service transfers 349 Transfer between services by agreement of administrators . . . . . 264 350 Transfer between services by requirement of chief psychiatrist . . 265 Division 3 Forensic disability service transfers 351 Transfer between authorised mental health service and forensic disability service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 Division 4 Interstate transfers 352 Transfer of person subject to treatment authority to another State 266 353 Transfer of person subject to interstate order from another State 267 Division 5 General provisions 354 Responsibility for person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 355 Power to transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 356 Notice to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 Page 15

Mental Health Bill 2015 Contents Part 6 Transport of persons Division 1 Preliminary 357 Who is an authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 Division 2 Transport of persons within and to and from authorised mental health services and other particular places 358 Transport within authorised mental health service . . . . . . . . . . . . 271 359 Transport to or from authorised mental health service and other particular places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 360 Taking person after treatment and care to person's requested place 271 Division 3 Transport of absent persons 361 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 362 Administrator or person in charge may require return of absent person 273 363 Limitation on requirement to return particular absent persons. . . 274 364 Authorised person may transport absent person . . . . . . . . . . . . . 275 365 Effect on assessment period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 Division 4 Transport of persons to and from interstate mental health services 366 Apprehension of person absent from interstate mental health service 276 367 Transport of person in Queensland to interstate mental health service 277 368 Transport of person outside Queensland to authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 369 Making of emergency examination authority . . . . . . . . . . . . . . . . 278 Division 5 Transport powers 370 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 371 Power to detain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 372 Power to administer medication . . . . . . . . . . . . . . . . . . . . . . . . . . 279 373 Power to use mechanical restraint . . . . . . . . . . . . . . . . . . . . . . . . 280 374 Power to enter particular places . . . . . . . . . . . . . . . . . . . . . . . . . . 281 Division 6 Warrant for apprehension of person to transport person 375 Application for warrant for apprehension of person . . . . . . . . . . . 282 376 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 377 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 378 Additional procedure if electronic application . . . . . . . . . . . . . . . . 285 379 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 380 Warrants--entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 Page 16

Mental Health Bill 2015 Contents Part 7 Security Division 1 Preliminary 381 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 382 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 Division 2 Postal articles and other things in authorised mental health services 383 Patient may receive and send postal article . . . . . . . . . . . . . . . . . 289 384 Administrator may search thing received for patient. . . . . . . . . . . 290 Division 3 Searches of patients of authorised mental health services or public sector health service facilities 385 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 386 Power to search on belief of possession of harmful thing . . . . . . 291 Division 4 Searches of involuntary patients on admission to or entry into high security units or other approved services 387 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 388 Power to search on admission or entry . . . . . . . . . . . . . . . . . . . . 293 Division 5 Searches of visitors to high security units or other approved services 389 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 390 Power to search visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 391 Requirement to explain to visitor . . . . . . . . . . . . . . . . . . . . . . . . . 294 392 Direction to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 393 Visitor may leave thing with authorised security officer . . . . . . . . 294 394 Authorised security officer may ask visitor to leave thing with officer 295 395 Visitor may ask for search to stop . . . . . . . . . . . . . . . . . . . . . . . . 295 396 Return of thing to visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 Division 6 Requirements for searches 397 Requirements for personal search . . . . . . . . . . . . . . . . . . . . . . . . 296 398 Requirements for search requiring removal of clothing . . . . . . . . 296 399 Requirements for search of possessions . . . . . . . . . . . . . . . . . . . 297 Division 7 Records of searches 400 Record of search must be made . . . . . . . . . . . . . . . . . . . . . . . . . 298 Division 8 Seizure 401 Seizure of harmful or other thing . . . . . . . . . . . . . . . . . . . . . . . . . 298 402 Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 403 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 Page 17

Mental Health Bill 2015 Contents Division 9 Identity cards 404 Approval of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 Division 10 Compensation 405 Compensation for damage to possessions . . . . . . . . . . . . . . . . . 301 Division 11 Exclusion of visitors 406 Administrator may refuse to allow person to visit patient . . . . . . . 302 Chapter 12 Mental Health Review Tribunal proceedings Part 1 Preliminary 407 Purpose of ch 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 408 Particular decisions of no effect for classified patient . . . . . . . . . . 304 Part 2 Review of treatment authorities Division 1 Preliminary 409 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 410 Matters to which tribunal must have regard . . . . . . . . . . . . . . . . . 305 Division 2 When particular reviews are conducted 411 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 412 When periodic review deferred . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 413 When tribunal must not conduct review . . . . . . . . . . . . . . . . . . . . 307 414 When particular tribunal review is not required . . . . . . . . . . . . . . 307 Division 3 Applications and notices of hearings 415 Application for applicant review to state orders sought . . . . . . . . 307 416 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 Division 4 Decisions and orders Subdivision 1 Decisions to be made on review 417 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 418 Administrator to provide report . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 419 Requirement to revoke treatment authority . . . . . . . . . . . . . . . . . 309 Subdivision 2 Confirmation of treatment authority--related orders 420 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 421 Change of category to community . . . . . . . . . . . . . . . . . . . . . . . . 310 422 Community category--deciding whether authorised doctor may reduce treatment in community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 423 Inpatient category--limited community treatment . . . . . . . . . . . . 311 424 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311 425 Transfer to another authorised mental health service . . . . . . . . . 311 426 Change of category to inpatient . . . . . . . . . . . . . . . . . . . . . . . . . . 312 Page 18

Mental Health Bill 2015 Contents 427 Other orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 Part 3 Review of forensic orders (mental health) and forensic orders (disability) Division 1 Preliminary 428 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 429 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 430 Matters to which tribunal must have regard . . . . . . . . . . . . . . . . . 314 Division 2 When particular reviews are conducted 431 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 432 When periodic review deferred . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 433 Requirement to conduct periodic review suspended . . . . . . . . . . 316 434 When tribunal must not conduct review . . . . . . . . . . . . . . . . . . . . 316 435 When particular tribunal review is not required . . . . . . . . . . . . . . 316 Division 3 Applications and notices of hearings 436 Application for applicant review to state orders sought . . . . . . . . 317 437 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317 Division 4 Decisions and orders Subdivision 1 Decisions to be made on review 438 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 439 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 440 Requirement to confirm forensic order . . . . . . . . . . . . . . . . . . . . . 319 Subdivision 2 Confirmation of forensic order--related orders 441 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 442 Change or confirmation of category . . . . . . . . . . . . . . . . . . . . . . . 320 443 Inpatient category--orders about treatment in community. . . . . . 320 444 Community category--orders about treatment in community . . . 321 445 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322 446 Other orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322 Subdivision 3 Revocation of forensic order (mental health)--related orders 447 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323 448 Making of treatment support order . . . . . . . . . . . . . . . . . . . . . . . . 323 449 Making of treatment authority or no further order. . . . . . . . . . . . . 323 Division 5 Restrictions on revoking or amending forensic orders 450 Orders with non-revocation period . . . . . . . . . . . . . . . . . . . . . . . . 325 451 Order for person temporarily unfit for trial. . . . . . . . . . . . . . . . . . . 325 Page 19

Mental Health Bill 2015 Contents 452 Order for person charged with prescribed offence . . . . . . . . . . . . 326 453 Tribunal's order takes effect after suspension or change of category ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 Division 6 Other provisions 454 Transfer of responsibility for forensic patient . . . . . . . . . . . . . . . . 327 455 Person with dual disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 Part 4 Review of forensic orders (Criminal Code) 456 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 457 Tribunal to conduct hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 458 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 459 Making of forensic order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 460 Application of ch 5 provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 Part 5 Review of treatment support orders Division 1 Preliminary 461 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331 462 Matters to which tribunal must have regard . . . . . . . . . . . . . . . . . 331 Division 2 When particular reviews are conducted 463 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332 464 When periodic review deferred . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 465 Requirement to conduct periodic review suspended . . . . . . . . . . 333 466 When tribunal must not conduct review . . . . . . . . . . . . . . . . . . . . 334 467 When particular tribunal review is not required . . . . . . . . . . . . . . 334 Division 3 Applications and notices of hearings 468 Application for applicant review to state orders sought . . . . . . . . 334 469 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 Division 4 Decisions and orders Subdivision 1 Decisions to be made on review 470 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 471 Requirement to confirm treatment support order . . . . . . . . . . . . . 336 Subdivision 2 Confirmation of treatment support order--related orders 472 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336 473 Change of category to community . . . . . . . . . . . . . . . . . . . . . . . . 337 474 Community category--deciding whether authorised doctor may reduce treatment in community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 475 Inpatient category--limited community treatment . . . . . . . . . . . . 337 476 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338 Page 20

Mental Health Bill 2015 Contents 477 Transfer to another authorised mental health service . . . . . . . . . 338 478 Change of category to inpatient . . . . . . . . . . . . . . . . . . . . . . . . . . 339 479 Other orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339 Subdivision 3 Revocation of treatment support order--related orders 480 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339 481 Making of treatment authority or no further order. . . . . . . . . . . . . 340 Part 6 Review of fitness for trial Division 1 Review 482 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 483 Meaning of finding of unfitness. . . . . . . . . . . . . . . . . . . . . . . . . . . 342 484 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 485 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 486 Decisions on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 Division 2 Procedures following review if person unfit for trial 487 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 488 Director of public prosecutions to decide whether proceeding to be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 489 Proceeding discontinued at end of prescribed period . . . . . . . . . 344 490 Effect of discontinuing proceeding . . . . . . . . . . . . . . . . . . . . . . . . 345 491 Proceeding may be discontinued at other time . . . . . . . . . . . . . . 346 Division 3 Procedures following review if person fit for trial 492 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 493 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 494 Director of public prosecutions to give notice of fitness for trial . . 347 495 Listing proceeding for mention . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Part 7 Review of detention of minors in high security units 496 Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348 497 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349 498 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349 499 Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 Part 8 Applications for examination authorities 500 Application for examination authority . . . . . . . . . . . . . . . . . . . . . . 350 501 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351 502 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 503 Duration of examination authority. . . . . . . . . . . . . . . . . . . . . . . . . 352 Page 21

Mental Health Bill 2015 Contents 504 Copy of examination authority to be given to administrator of authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 Part 9 Applications for approval of regulated treatment Division 1 Electroconvulsive therapy 505 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 506 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 507 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354 Division 2 Non-ablative neurosurgical procedures 508 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 509 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 510 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 Part 10 Applications for approval to transfer particular persons into and out of Queensland Division 1 Transfers into Queensland 511 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 512 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 513 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 514 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 515 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359 516 Making of forensic order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359 517 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360 518 Transport of person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360 Division 2 Transfers out of Queensland 519 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361 520 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361 521 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362 522 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362 523 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 524 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 525 Transport of person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 526 Effect on order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364 Part 11 Miscellaneous 365 527 Relationship with ch 16, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365 528 Use of victim impact statement by tribunal . . . . . . . . . . . . . . . . . . 365 Page 22

Mental Health Bill 2015 Contents Chapter 13 Appeals Part 1 Preliminary 529 Purpose of ch 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365 Part 2 Appeals to tribunal 530 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366 531 Appeal to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366 532 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366 533 Notice of appeal and hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367 534 Stay of decision pending appeal. . . . . . . . . . . . . . . . . . . . . . . . . . 368 535 Appeal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368 Part 3 Appeals to Mental Health Court Division 1 Preliminary 536 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369 Division 2 Making and hearing appeals 537 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369 538 Parties to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369 539 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370 540 Frivolous or vexatious appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370 541 Notice of appeal and hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370 542 Stay of decision pending appeal. . . . . . . . . . . . . . . . . . . . . . . . . . 371 543 Notice of stay of decision on review of person's fitness for trial . . 372 544 Appeal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373 545 Mental Health Court may make forensic order or treatment support order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373 546 Mental Health Court's decision final . . . . . . . . . . . . . . . . . . . . . . . 374 Part 4 Appeals to Court of Appeal 547 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374 548 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375 549 Appeal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375 550 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376 Chapter 14 Monitoring and enforcement Part 1 Preliminary 551 Purpose of ch 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377 552 Definitions for ch 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377 Page 23

Mental Health Bill 2015 Contents Part 2 General provisions about inspectors Division 1 Appointment 553 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 378 554 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379 555 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 379 556 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380 557 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380 Division 2 Identity cards 558 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380 559 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 381 560 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381 Division 3 Miscellaneous provisions 561 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 381 562 Reference to document includes reference to reproductions from electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382 Part 3 Entry of places by inspectors Division 1 Power to enter 563 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 382 Division 2 Entry by consent 564 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383 565 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 383 566 Matters inspector must tell occupier . . . . . . . . . . . . . . . . . . . . . . . 383 567 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384 Division 3 Entry under warrant Subdivision 1 Obtaining warrant 568 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385 569 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385 570 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386 571 Additional procedure if electronic application . . . . . . . . . . . . . . . . 387 572 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 388 Subdivision 2 Entry procedure 573 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389 Part 4 General powers of inspectors after entering places 574 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390 575 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390 576 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 392 Page 24

Mental Health Bill 2015 Contents 577 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 392 Part 5 Seizure by inspectors and forfeiture Division 1 Power to seize 578 Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392 579 Seizing evidence at a place that may be entered only with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393 580 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 394 Division 2 Powers to support seizure 581 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394 582 Offence to contravene other seizure requirement . . . . . . . . . . . . 395 583 Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395 Division 3 Safeguards for seized things 584 Receipt and information notice for seized thing . . . . . . . . . . . . . . 395 585 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396 586 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397 Division 4 Forfeiture 587 Forfeiture by chief psychiatrist decision . . . . . . . . . . . . . . . . . . . . 397 588 Information notice about forfeiture decision . . . . . . . . . . . . . . . . . 398 589 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 590 Procedure and powers for making forfeiture order . . . . . . . . . . . . 399 Division 5 Dealing with property forfeited or transferred to State 591 When thing becomes property of the State . . . . . . . . . . . . . . . . . 400 592 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 400 Part 6 Other information-obtaining powers of inspectors 593 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 400 594 Offence to contravene personal details requirement . . . . . . . . . . 401 595 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 596 Offence to contravene information requirement . . . . . . . . . . . . . . 402 Part 7 Miscellaneous provisions relating to inspectors Division 1 Damage 597 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 403 598 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 Division 2 Compensation 599 Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404 600 Court order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 Page 25

Mental Health Bill 2015 Contents Part 8 Reviews and appeals about seizure and forfeiture 601 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 602 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 603 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . 406 604 How to apply for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . 406 605 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 606 Internal review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 607 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408 608 Procedure for an appeal to the court . . . . . . . . . . . . . . . . . . . . . . 408 609 Stay of operation of internal review decision . . . . . . . . . . . . . . . . 409 610 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409 611 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . 410 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 1 Preliminary 612 Purpose of ch 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 Part 2 Suspension of criminal proceedings 613 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 614 Suspension of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 615 Giving notice of particular suspensions . . . . . . . . . . . . . . . . . . . . 412 616 Ending of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 617 Giving notice of ending of suspension . . . . . . . . . . . . . . . . . . . . . 413 618 Effect on powers relating to bail, discontinuance of proceedings and other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414 Part 3 Offences relating to patients 619 Offence relating to ill-treatment . . . . . . . . . . . . . . . . . . . . . . . . . . 415 620 Offences relating to patients absconding . . . . . . . . . . . . . . . . . . . 415 621 Offences relating to patients unlawfully absent . . . . . . . . . . . . . . 416 Part 4 Offences relating to officials 622 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417 623 Obstructing official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417 624 Impersonating official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418 625 Giving official false or misleading information . . . . . . . . . . . . . . . 418 Part 5 Detention and use of reasonable force 626 Classified patient (voluntary) may be detained. . . . . . . . . . . . . . . 419 627 Detention of person in authorised mental health service with use of reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419 Page 26

Mental Health Bill 2015 Contents 628 Detention of person in public sector health service facility with use of reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419 629 Examination or assessment of involuntary patient without consent and with use of reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420 630 Treatment and care of patient without consent and with use of reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420 631 Relationship with use of physical restraint . . . . . . . . . . . . . . . . . . 421 Part 6 Evidence and legal proceedings 632 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 633 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court Division 1 Preliminary 634 Purpose of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424 Division 2 Continuation, constitution, jurisdiction and powers 635 Continuation of Mental Health Court . . . . . . . . . . . . . . . . . . . . . . 424 636 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 637 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426 638 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427 Division 3 Membership 639 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427 640 Appointment does not affect judge's tenure of office . . . . . . . . . . 427 641 Resignation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427 642 When member's office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 Division 4 President 643 Appointment of president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 644 Arrangement of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 645 President holds office while member of court. . . . . . . . . . . . . . . . 429 646 Delegation of particular powers . . . . . . . . . . . . . . . . . . . . . . . . . . 429 647 Resignation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429 648 Appointment of acting president. . . . . . . . . . . . . . . . . . . . . . . . . . 429 Division 5 Assisting clinicians 649 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 650 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 651 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431 652 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431 653 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431 Page 27

Mental Health Bill 2015 Contents Division 6 Mental Health Court Registry and registrar 654 Mental Health Court Registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432 655 Registry's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432 656 Registrar's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433 657 Registrar's powers--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433 658 Registrar's power to issue subpoena . . . . . . . . . . . . . . . . . . . . . . 433 659 Registrar's power to require administrator to produce document . 434 660 Registrar's power to require person to be brought before Mental Health Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434 661 Registrar's power to require prosecuting authority to give particular documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435 662 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435 Division 7 Protection and immunities 663 Contempt of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436 664 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . 436 665 Protection and immunity for member of Mental Health Court and assisting clinician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436 Division 8 Court examination orders 666 Making of court examination order . . . . . . . . . . . . . . . . . . . . . . . . 437 667 Recommendation or request for court examination order on reference 437 668 Transport, detention and examination of person under court examination order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438 669 What happens at end of examination . . . . . . . . . . . . . . . . . . . . . . 439 Division 9 Reviews of detention in authorised mental health service or forensic disability service 670 Definitions for div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440 671 Power to review detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440 672 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441 673 Parties to proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441 674 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442 675 Appointment of person to inquire into detention. . . . . . . . . . . . . . 442 676 Administrator to ensure help given to appointed person . . . . . . . 442 677 General powers of appointed person . . . . . . . . . . . . . . . . . . . . . . 442 678 Appointed person's power to ask questions . . . . . . . . . . . . . . . . . 443 679 Mental Health Court may direct person's discharge. . . . . . . . . . . 443 680 Other remedies not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444 Page 28

Mental Health Bill 2015 Contents Division 10 Procedural provisions 681 General right of appearance and representation . . . . . . . . . . . . . 444 682 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444 683 Proof of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444 684 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 685 Assisting clinician's advice before or during adjournment of hearing 445 686 Assisting clinician's advice during hearing . . . . . . . . . . . . . . . . . . 445 687 Particular advice of assisting clinician to be stated in reasons for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446 688 When court may conduct hearing in absence of person . . . . . . . 446 689 Appointing assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446 690 Court may sit and adjourn hearing . . . . . . . . . . . . . . . . . . . . . . . . 446 691 Hearing of reference generally open to public . . . . . . . . . . . . . . . 446 692 Particular hearings not generally open to public . . . . . . . . . . . . . 447 693 Hearing about minor not open to public . . . . . . . . . . . . . . . . . . . . 447 694 Confidentiality order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448 695 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449 696 Death or incapacity of member after hearing started . . . . . . . . . . 449 Division 11 Rules and practice 697 Rule-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 698 Directions about practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 Division 12 Miscellaneous 699 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 Part 2 Mental Health Review Tribunal Division 1 Preliminary 700 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451 701 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451 Division 2 Continuation, jurisdiction and powers 702 Continuation of Mental Health Review Tribunal . . . . . . . . . . . . . . 452 703 Jurisdiction and independence. . . . . . . . . . . . . . . . . . . . . . . . . . . 452 704 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 Division 3 Members and staff of tribunal 705 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 706 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 707 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 708 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 Page 29

Mental Health Bill 2015 Contents 709 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 710 Deputy president to act as president . . . . . . . . . . . . . . . . . . . . . . 455 711 Executive officer and other staff . . . . . . . . . . . . . . . . . . . . . . . . . . 455 712 President's functions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 456 713 President's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457 Division 4 Constitution of tribunal for hearings 714 Particular proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457 715 Application for examination authority . . . . . . . . . . . . . . . . . . . . . . 458 716 Application for approval to perform non-ablative neurosurgical procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458 717 Matters president to consider in constituting tribunal . . . . . . . . . . 459 718 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459 Division 5 Examinations, confidentiality orders and reports 719 Tribunal may order examination . . . . . . . . . . . . . . . . . . . . . . . . . . 460 720 Confidentiality order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461 721 Reports for particular review proceedings . . . . . . . . . . . . . . . . . . 462 Division 6 Procedural provisions for ch 12 proceedings Subdivision 1 Applications 722 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463 723 Approved form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463 724 Frivolous or vexatious application. . . . . . . . . . . . . . . . . . . . . . . . . 463 725 Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 464 Subdivision 2 Adjournment of hearing of particular periodic reviews 726 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 464 727 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 728 Adjournment of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 729 Hearing of scheduled review to be conducted on relevant person's return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466 Division 7 General procedural provisions Subdivision 1 Preliminary 730 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466 731 Conducting proceedings generally . . . . . . . . . . . . . . . . . . . . . . . . 466 732 Presentation of party's case and inspection of documents . . . . . 467 Subdivision 2 Pre-hearing matters 733 Matters to be stated in notice of hearing . . . . . . . . . . . . . . . . . . . 467 734 Right to appear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 Page 30

Mental Health Bill 2015 Contents 735 Attorney-General to give notice of intention to appear . . . . . . . . . 468 736 Disclosure of documents to be relied on in hearing . . . . . . . . . . . 468 Subdivision 3 Hearings 737 Right of representation and support . . . . . . . . . . . . . . . . . . . . . . . 469 738 Appointment of representative . . . . . . . . . . . . . . . . . . . . . . . . . . . 470 739 Hearing not open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471 740 Victim impact statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471 741 Restrictions on disclosing victim impact statement . . . . . . . . . . . 472 742 Requiring witness to attend or produce document or thing . . . . . 473 743 Tribunal to allow party to call or give evidence . . . . . . . . . . . . . . . 473 744 Proceeding by remote conferencing or on the papers . . . . . . . . . 474 745 Proceeding in absence of involuntary patient. . . . . . . . . . . . . . . . 474 746 Conducting hearings of proceedings at same time . . . . . . . . . . . 475 747 Adjourning hearing of proceeding . . . . . . . . . . . . . . . . . . . . . . . . 475 748 Appointing assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475 749 Dealing with documents or other things . . . . . . . . . . . . . . . . . . . . 476 750 Way questions decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476 751 Referring question of law to Mental Health Court. . . . . . . . . . . . . 477 752 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477 Subdivision 4 Decisions of tribunal 753 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478 754 Written reasons for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478 755 Requirement to give effect to tribunal decision. . . . . . . . . . . . . . . 478 756 Publishing decision and reasons . . . . . . . . . . . . . . . . . . . . . . . . . 479 Subdivision 5 Revocation of particular forensic orders and treatment support orders 757 Order for missing person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479 Division 8 Offences and contempt 758 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480 759 False or misleading information or document. . . . . . . . . . . . . . . . 481 760 Fabricating evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481 761 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482 762 Punishment of contempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482 763 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . 483 Division 9 Protection and immunities 764 Protection and immunity for members . . . . . . . . . . . . . . . . . . . . . 484 Page 31

Mental Health Bill 2015 Contents 765 Protection and immunity for other persons. . . . . . . . . . . . . . . . . . 484 Division 10 Rules and practice 766 Rule-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484 767 Directions about practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485 Division 11 Miscellaneous 768 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485 769 Judicial notice of particular signatures . . . . . . . . . . . . . . . . . . . . . 485 770 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485 771 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485 772 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 486 Chapter 17 Confidentiality Part 1 Preliminary 773 Purpose of ch 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 486 774 Definitions for ch 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487 775 Relationship of ch 17 with other Acts . . . . . . . . . . . . . . . . . . . . . . 487 Part 2 Duty of confidentiality 776 Confidentiality of information obtained by designated person . . . 488 777 Confidentiality of information obtained by other persons . . . . . . . 489 Part 3 Permitted use and disclosure 778 Disclosure to identify person with mental health defence. . . . . . . 489 779 Disclosure to identify and offer support to victims . . . . . . . . . . . . 490 780 Disclosure for report by private psychiatrist . . . . . . . . . . . . . . . . . 490 781 Disclosure of particular information relating to classified patient . 491 782 Disclosure of particular information relating to person in contact with forensic disability service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491 783 Disclosure to lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 492 784 Disclosure of photograph of patient required to return . . . . . . . . . 493 785 Disclosure of information for research purposes . . . . . . . . . . . . . 493 Part 4 Offences relating to publication of judicial proceedings 786 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494 787 Publication of reports and decisions on references--Mental Health Court and Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494 788 Publication of report of other proceedings . . . . . . . . . . . . . . . . . . 497 789 Publication of information disclosing identity of party to proceeding 497 790 Publication of date of hearing permitted. . . . . . . . . . . . . . . . . . . . 498 791 Publication of information disclosed at hearing permitted . . . . . . 498 Page 32

Mental Health Bill 2015 Contents Chapter 18 General provisions 792 Detention of involuntary patient must be in inpatient unit . . . . . . . 499 793 Use of audiovisual link for examination or assessment . . . . . . . . 499 794 Disclosure by QCAT of information about personal guardian. . . . 499 795 Protection of official from liability . . . . . . . . . . . . . . . . . . . . . . . . . 500 796 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 797 Electronic format for notices and other information . . . . . . . . . . . 501 798 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502 Chapter 19 Repeal 799 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502 Chapter 20 Transitional provisions Part 1 Preliminary 800 Definitions for ch 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502 801 Application of new Act in relation to proceedings for alleged offences 502 802 Detention under repealed Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 Part 2 Provisions about assessment and detention under chapters 2 and 3 of repealed Act 803 Assessment documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 804 Persons subject to assessment documents . . . . . . . . . . . . . . . . . 503 805 Justices examination order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504 806 Emergency examination order . . . . . . . . . . . . . . . . . . . . . . . . . . . 504 807 Detention for assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 808 Agreement for assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506 809 Custodian's assessment authority . . . . . . . . . . . . . . . . . . . . . . . . 506 810 Taking person to authorised mental health service . . . . . . . . . . . 506 811 Classified patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 812 Report of authorised doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 813 Involuntary treatment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Part 3 Provisions about assessment or detention of persons before a court or in custody under chapter 3 of repealed Act 814 Court assessment order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509 Part 4 Provisions about treatment and care of patients under chapter 4 of repealed Act 815 Treatment plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509 816 Limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 817 Monitoring conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 Page 33

Mental Health Bill 2015 Contents Part 5 Provisions about electroconvulsive therapy under chapter 4 of repealed Act 818 Consent to electroconvulsive therapy. . . . . . . . . . . . . . . . . . . . . . 511 819 Emergency electroconvulsive therapy . . . . . . . . . . . . . . . . . . . . . 511 Part 6 Provisions about movement, transfer and temporary absence of patients under chapter 5 of repealed Act 820 Move of patients interstate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511 821 Temporary absences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512 Part 7 Provisions about tribunal reviews under chapter 6 of repealed Act Division 1 Orders and decisions made before commencement 822 Particular orders and decisions not given effect before commencement 513 823 Particular decisions unaffected by new Act . . . . . . . . . . . . . . . . . 513 Division 2 Reviews and applications not completed before commencement 824 Existing applications to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 514 825 Existing reviews started other than by an application. . . . . . . . . . 515 826 Effect of tribunal's decision on existing review . . . . . . . . . . . . . . . 516 Division 3 Other provisions 827 When first periodic review under new Act must be conducted . . . 516 828 Discontinuing proceeding for offence following review of fitness for trial 519 829 Non-contact order ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520 Part 8 Provisions about examinations, references and orders under chapter 7 of repealed Act Division 1 Examinations under chapter 7, part 2 of repealed Act 830 Making of reference under repealed Act by director or director of public prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520 Division 2 References 831 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521 832 Hearing of reference continues under repealed Act . . . . . . . . . . . 521 833 Appeal against Mental Health Court's decision . . . . . . . . . . . . . . 522 Division 3 Forensic orders (Mental Health Court) and forensic orders (Mental Health Court--Disability) 834 Forensic order (Mental Health Court). . . . . . . . . . . . . . . . . . . . . . 522 835 Forensic order (Mental Health Court--Disability). . . . . . . . . . . . . 523 836 Limited community treatment for forensic patient . . . . . . . . . . . . . 525 837 Review of forensic order under new Act . . . . . . . . . . . . . . . . . . . . 525 Page 34

Mental Health Bill 2015 Contents Division 4 Other provisions 838 Order approving interstate transfer under s 288B of repealed Act 526 839 Forensic order (Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . 526 840 Custody order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527 841 Forensic order (Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527 842 Forensic disability client temporarily detained in authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528 Part 9 Provisions about information orders under chapter 7A of repealed Act 843 Forensic information orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528 844 Classified patient information orders . . . . . . . . . . . . . . . . . . . . . . 528 Part 10 Provisions about security of authorised mental health services under chapter 10 of repealed Act 845 Exclusion of visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529 Part 11 Provisions about Mental Health Court under chapter 11 of repealed Act 846 Mental Health Court registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529 847 Court examination order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529 848 Inquiry into detention of patient in authorised mental health service 530 Part 12 Miscellaneous 849 Mental Health Court, tribunal or another court may make orders about transition from repealed Act to new Act . . . . . . . . . . . . . . . . . . . . 530 850 Notices generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531 851 Records made under repealed Act. . . . . . . . . . . . . . . . . . . . . . . . 531 852 Material submitted by victim or concerned person . . . . . . . . . . . . 532 853 Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532 854 Authorised mental health services and high security units. . . . . . 532 855 Office holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532 856 Suspended proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533 857 Reviews relating to serious risks . . . . . . . . . . . . . . . . . . . . . . . . . 533 858 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534 859 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534 860 References to orders and authorities under repealed Act . . . . . . 534 861 Application of new Act, s 418 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535 862 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 535 Page 35

Mental Health Bill 2015 Contents Chapter 21 Amendment of Acts Part 1 Amendment of this Act 863 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536 864 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536 Part 2 Amendment of Criminal Code 865 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536 866 Amendment of ss 145A(a), 227C(3), definition lawful custody, 266 and 358 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536 867 Amendment of s 613 (Want of understanding of accused person) 536 868 Amendment of s 645 (Accused person insane during trial) . . . . . 537 869 Amendment of s 647 (Acquittal on ground of insanity). . . . . . . . . 537 870 Amendment of s 668F (Powers of Court in special cases). . . . . . 537 871 Amendment of s 678 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . 537 Part 3 Amendment of Forensic Disability Act 2011 872 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538 873 Amendment of s 4 (How purpose is to be achieved) . . . . . . . . . . 538 874 Amendment of s 6 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 538 875 Amendment of s 7 (General principles) . . . . . . . . . . . . . . . . . . . . 538 876 Amendment of s 10 (Who is a forensic disability client) . . . . . . . . 538 877 Amendment of s 14 (Preparing plan for client) . . . . . . . . . . . . . . . 539 878 Amendment of s 15 (Content of plan) . . . . . . . . . . . . . . . . . . . . . 539 879 Replacement of ch 2, pt 2, hdg (Limited community treatment) . . 539 Part 2 Community treatment 880 Amendment of s 20 (Authorising limited community treatment) . . 539 881 Amendment of s 21 (Limited community treatment on order of tribunal or Mental Health Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541 882 Amendment of s 22 (What individual development plan must state about limited community treatment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541 883 Amendment of s 26 (Who is allied person if client does not have capacity to choose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541 884 Insertion of new ch 4, pts 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . 541 Part 3 Temporary absence 32A Absence of client with director's approval. . . . . . . . . . 542 Part 4 Rights of allied person 32B Allied person to be notified of transfer of responsibility for forensic disability client. . . . . . . . . . . . . . . . . . . . . . . . 542 885 Omission of ch 5 (Transfer and temporary absence of forensic disability clients) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543 Page 36

Mental Health Bill 2015 Contents 886 Amendment of s 47 (Relationship with Disability Services Act) . . 543 887 Amendment of s 84 (Procedure for appeal) . . . . . . . . . . . . . . . . . 543 888 Amendment of s 91 (Policies and procedures about detention, care and support of clients) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544 889 Omission of s 92 (Giving information about client to director (mental health) or nominee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544 890 Omission of s 98 (Administrator's obligation to ensure forensic order is given effect) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544 891 Amendment of s 113 (Taking client to forensic disability service or authorised mental health service) . . . . . . . . . . . . . . . . . . . . . . . . 544 892 Insertion of new s 113A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 545 113A Temporary admission of client to authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546 893 Amendment of s 114 (Application of pt 2) . . . . . . . . . . . . . . . . . . 546 894 Amendment of s 115 (Entry of places) . . . . . . . . . . . . . . . . . . . . . 547 895 Amendment of s 116 (Offences relating to ill-treatment) . . . . . . . 547 896 Amendment of s 117 (Offences relating to forensic disability clients absconding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547 897 Amendment of s 122 (Confidentiality of information--other persons) 547 898 Omission of s 123 (Disclosure of confidential information) . . . . . 547 899 Amendment of s 126 (Evidentiary provisions) . . . . . . . . . . . . . . . 548 900 Amendment of s 128 (Protection of officials from liability) . . . . . . 548 901 Omission of ch 10 (Application of Mental Health Act) . . . . . . . . . 548 902 Amendment of s 141 (Review by director) . . . . . . . . . . . . . . . . . . 548 903 Omission of s 142 (Transfer from forensic disability service to authorised mental health service) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549 904 Amendment of s 144 (Administration of medication for particular purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549 905 Omission of s 149 (Director taken to have complied with particular requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549 906 Omission of s 152 (Care of client detained temporarily in authorised mental health service) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549 907 Amendment of s 155 (Use of reasonable force). . . . . . . . . . . . . . 549 908 Amendment of ch 13, hdg (Transitional provision) . . . . . . . . . . . . 550 909 Insertion of new ch 13, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 550 Part 1 Transitional provision for Forensic Disability Act 2011 910 Insertion of new ch 13, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550 Part 2 Transitional provisions for Mental Health Act 2015 Page 37

Mental Health Bill 2015 Contents 161 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 550 162 Temporary absence approval . . . . . . . . . . . . . . . . . . . 551 163 Transfer order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551 164 Application of s 141 . . . . . . . . . . . . . . . . . . . . . . . . . . 551 165 Application of transitional provisions to forensic disability clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551 166 Transitional regulation-making power . . . . . . . . . . . . . 552 911 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 552 Part 4 Amendment of Powers of Attorney Act 1998 912 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554 913 Amendment of s 6A (Relationship with Guardianship and Administration Act 2000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554 914 Amendment of s 38 (Act's relationship with Mental Health Act) . . 554 915 Amendment of sch 2 (Types of matters). . . . . . . . . . . . . . . . . . . . 554 916 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 555 Part 5 Amendment of Public Health Act 2005 917 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555 918 Amendment of s 7 (How object is mainly achieved) . . . . . . . . . . . 555 919 Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556 Chapter 4A Health of persons with major disturbance in mental capacity Part 1 Preliminary 157A Definitions for ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 556 Part 2 Taking persons to treatment or care place 157B Ambulance officer or police officer may detain and transport person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558 157C What ambulance officer or police officer must tell person 559 157D Giving emergency examination authority . . . . . . . . . . 560 157E Detention in treatment or care place . . . . . . . . . . . . . 560 157F Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561 Part 3 Return of persons who abscond 157G Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 562 157H Administrator or person in charge may require return of absent person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562 157I Duration of authorisation . . . . . . . . . . . . . . . . . . . . . . 563 157J Authorised person may transport absent person . . . . 563 157K Effect on examination period . . . . . . . . . . . . . . . . . . . 564 Page 38

Mental Health Bill 2015 Contents Part 4 Powers 157L Use of force to detain and transport . . . . . . . . . . . . . . 565 157M Transfer to another treatment or care place . . . . . . . . 565 157N Use of reasonable force to detain person. . . . . . . . . . 566 157O Examination of person without consent and with use of reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566 157P Return after examination or treatment and care to person's requested place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566 Part 5 Warrant for apprehension of person to transport person 157Q Application for warrant for apprehension of person . . 567 157R Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568 157S Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . 569 157T Additional procedure if electronic application . . . . . . . 570 157U Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . 572 157V Warrants--entry procedure . . . . . . . . . . . . . . . . . . . . 572 Part 6 Searches of persons in treatment or care place 157W Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 573 157X Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 573 157Y Power to search on belief of possession of harmful thing 575 157Z Requirements for personal search . . . . . . . . . . . . . . . 576 157ZA Requirements for search requiring the removal of clothing 577 157ZB Requirements for search of possessions . . . . . . . . . . 578 157ZC Record of search must be made . . . . . . . . . . . . . . . . 578 157ZD Seizure of harmful thing . . . . . . . . . . . . . . . . . . . . . . . 579 157ZE Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . 581 157ZF Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . 581 Part 7 Miscellaneous 157ZG Relationship with Guardianship and Administration Act 2000 581 920 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 581 Chapter 22 Minor and consequential amendments 921 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583 Schedule 1 Information that applicant, or applicant's nominee, is entitled to receive under an information notice . . . . . . . . . . . . . . . . . . . . 584 1 Information about reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584 Page 39

Mental Health Bill 2015 Contents 2 Information about transfer application . . . . . . . . . . . . . . . . . . . . . 584 3 Information about tribunal decisions. . . . . . . . . . . . . . . . . . . . . . . 584 4 Information about appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585 5 Information about absences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585 6 Miscellaneous information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585 Schedule 2 Who may appeal to Mental Health Court . . . . . . . . . . . . . . . . . 587 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589 Schedule 4 Minor or consequential amendments of particular legislation 611 Bail Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 611 Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 611 Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 611 Commissions of Inquiry Act 1950. . . . . . . . . . . . . . . . . . . . . . . . . 613 Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613 Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615 Crime and Corruption Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . 615 Criminal Law Amendment Act 1945 . . . . . . . . . . . . . . . . . . . . . . . 616 Criminal Proceeds Confiscation Act 2002 . . . . . . . . . . . . . . . . . . 616 Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617 Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 623 Hospital and Health Boards Act 2011 . . . . . . . . . . . . . . . . . . . . . 627 Limitation of Actions Act 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . 628 Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 628 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 629 Public Guardian Act 2014. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629 Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630 Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 630 Residential Tenancies and Rooming Accommodation Act 2008 . 631 Statutory Instruments Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 631 Terrorism (Preventative Detention) Act 2005 . . . . . . . . . . . . . . . . 631 Victims of Crime Assistance Act 2009 . . . . . . . . . . . . . . . . . . . . . 631 Weapons Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 632 Working with Children (Risk Management and Screening) Act 2000 632 Youth Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635 Page 40

2015 A Bill for An Act to provide for the treatment and care of people who have mental illnesses and for other purposes, to repeal the Mental Health Act 2000, to amend this Act, the Criminal Code, the Forensic Disability Act 2011, the Powers of Attorney Act 1998 and the Public Health Act 2005, and to amend the Acts mentioned in schedule 4 for particular purposes

Mental Health Bill 2015 Chapter 1 Preliminary Part 1 Introduction [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 Part 1 Introduction 3 1 Short title 4 This Act may be cited as the Mental Health Act 2015. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 3 Main objects of Act 8 (1) The main objects of this Act are-- 9 (a) to improve and maintain the health and wellbeing of 10 persons who have a mental illness who do not have the 11 capacity to consent to be treated; and 12 (b) to enable persons to be diverted from the criminal 13 justice system if found to have been of unsound mind at 14 the time of committing an unlawful act or to be unfit for 15 trial; and 16 (c) to protect the community if persons diverted from the 17 criminal justice system may be at risk of harming others. 18 (2) The main objects are to be achieved in a way that-- 19 (a) safeguards the rights of persons; and 20 (b) is the least restrictive of the rights and liberties of a 21 person who has a mental illness; and 22 Page 42

Mental Health Bill 2015 Chapter 1 Preliminary Part 2 Principles for administration of Act [s 4] (c) promotes the recovery of a person who has a mental 1 illness, and the person's ability to live in the community, 2 without the need for involuntary treatment and care. 3 (3) For subsection (2)(b), a way is the least restrictive of the rights 4 and liberties of a person who has a mental illness if the way 5 adversely affects the person's rights and liberties only to the 6 extent required to protect the person's safety and welfare or 7 the safety of others. 8 4 Act binds all persons 9 (1) This Act binds all persons, including the State and, as far as 10 the legislative power of the Parliament permits, the 11 Commonwealth and the other States. 12 (2) Nothing in this Act makes the State liable to be prosecuted for 13 an offence. 14 Part 2 Principles for administration of 15 Act 16 5 Principles for persons with mental illness 17 The following principles apply to the administration of this 18 Act in relation to a person who has, or may have, a mental 19 illness-- 20 (a) Same human rights 21 • the right of all persons to the same basic human 22 rights must be recognised and taken into account 23 • a person's right to respect for his or her human 24 worth and dignity as an individual must be 25 recognised and taken into account 26 (b) Matters to be considered in making decisions 27 Page 43

Mental Health Bill 2015 Chapter 1 Preliminary Part 2 Principles for administration of Act [s 5] • to the greatest extent practicable, a person is to be 1 encouraged to take part in making decisions 2 affecting the person's life, especially decisions 3 about treatment and care 4 • to the greatest extent practicable, in making a 5 decision about a person, the person's views, wishes 6 and preferences are to be taken into account 7 • a person is presumed to have capacity to make 8 decisions about the person's treatment and care and 9 other matters under this Act 10 (c) Support persons 11 • to the greatest extent practicable, family, carers and 12 other support persons of a person who has a mental 13 illness are to be involved in decisions about the 14 person's treatment and care, subject to the person's 15 right to privacy 16 (d) Provision of support and information 17 • to the greatest extent practicable, a person is to be 18 provided with necessary support and information 19 to enable the person to exercise rights under this 20 Act, including, for example, providing access to 21 other persons to help the person express the 22 person's views, wishes and preferences 23 (e) Achievement of maximum potential and self-reliance 24 • to the greatest extent practicable, a person is to be 25 helped to achieve maximum physical, social, 26 psychological and emotional potential, quality of 27 life and self-reliance 28 (f) Acknowledgement of needs 29 • a person's age-related, gender-related, religious, 30 communication and other special needs must be 31 recognised and taken into account 32 • a person's hearing, visual or speech impairment 33 must be recognised and taken into account 34 Page 44

Mental Health Bill 2015 Chapter 1 Preliminary Part 2 Principles for administration of Act [s 5] (g) Aboriginal people and Torres Strait Islanders 1 • the unique cultural, communication and other 2 needs of Aboriginal people and Torres Strait 3 Islanders must be recognised and taken into 4 account 5 • Aboriginal people and Torres Strait Islanders 6 should be provided with treatment, care and 7 support in a way that recognises and is consistent 8 with Aboriginal tradition or Island custom, mental 9 health and social and emotional wellbeing, and is 10 culturally appropriate and respectful 11 • to the extent practicable and appropriate in the 12 circumstances, communication with Aboriginal 13 people and Torres Strait Islanders is to be assisted 14 by an interpreter 15 (h) Persons from culturally and linguistically diverse 16 backgrounds 17 • the unique cultural, communication and other 18 needs of persons from culturally and linguistically 19 diverse backgrounds must be recognised and taken 20 into account 21 • services provided to persons from culturally and 22 linguistically diverse backgrounds must have 23 regard to the person's cultural, religious and 24 spiritual beliefs and practices 25 • to the extent practicable and appropriate in the 26 circumstances, communication with persons from 27 culturally and linguistically diverse backgrounds is 28 to be assisted by an interpreter 29 (i) Minors 30 • to the greatest extent practicable, a minor receiving 31 treatment and care must have the minor's best 32 interests recognised and promoted, including, for 33 example, by receiving treatment and care 34 separately from adults if practicable and by having 35 Page 45

Mental Health Bill 2015 Chapter 1 Preliminary Part 2 Principles for administration of Act [s 6] the minor's specific needs, wellbeing and safety 1 recognised and protected 2 (j) Maintenance of supportive relationships and 3 community participation 4 • to the greatest extent practicable, the importance of 5 a person's continued participation in community 6 life and maintaining existing supportive 7 relationships are to be taken into account, 8 including, for example, by providing treatment in 9 the community in which the person lives 10 (k) Importance of recovery-oriented services and 11 reduction of stigma 12 • the importance of recovery-oriented services and 13 the reduction of stigma associated with mental 14 illness must be recognised and taken into account 15 (l) Provision of treatment and care 16 • treatment and care provided under this Act must be 17 provided to a person who has a mental illness only 18 if it is appropriate for promoting and maintaining 19 the person's health and wellbeing 20 (m) Privacy and confidentiality 21 • a person's right to privacy and confidentiality of 22 information about the person must be recognised 23 and taken into account. 24 6 Principles for victims and others 25 (1) The principles mentioned in subsection (2) apply to the 26 administration of this Act in relation to each of the following 27 (each a victim)-- 28 (a) a victim of an unlawful act; 29 (b) a close relative of a victim of an unlawful act; 30 Page 46

Mental Health Bill 2015 Chapter 1 Preliminary Part 2 Principles for administration of Act [s 7] (c) another individual who has suffered harm because of an 1 unlawful act committed against a person mentioned in 2 paragraph (a). 3 (2) The principles are the following-- 4 (a) the physical, psychological and emotional harm caused 5 to the victim by the unlawful act must be recognised 6 with compassion; 7 (b) the benefits of counselling, advice on the nature of 8 proceedings under this Act and other support services to 9 the recovery of the victim from the harm caused by the 10 unlawful act must be recognised; 11 (c) the benefits to the victim of being advised in a timely 12 way of proceedings under this Act against a person in 13 relation to the unlawful act must be recognised; 14 (d) the benefits to the victim of the timely completion of 15 proceedings against a person in relation to the unlawful 16 act must be recognised; 17 (e) the benefits to the victim of being advised in a timely 18 way of a decision to allow a person to be treated in the 19 community must be recognised; 20 (f) the benefits to the victim of being given the opportunity 21 to express the victim's views on the impact of the 22 unlawful act to decision-making entities under this Act 23 must be recognised. 24 7 Regard to principles 25 In performing a function or exercising a power under this Act, 26 a person is to have regard to the principles mentioned in 27 sections 5 and 6. 28 8 Application to person with intellectual disability 29 To the extent this Act applies to a person who has an 30 intellectual disability-- 31 Page 47

Mental Health Bill 2015 Chapter 1 Preliminary Part 3 Interpretation [s 9] (a) sections 3 and 5 apply in relation to the person as if a 1 reference in the sections to a person who has a mental 2 illness were a reference to a person who has an 3 intellectual disability; and 4 (b) a reference in the Act to treatment and care of a person 5 means a reference to care of the person; and 6 (c) a reference in the Act to recovery of a person means a 7 reference to the rehabilitation, and development of 8 living skills, of the person. 9 Part 3 Interpretation 10 9 Definitions 11 The dictionary in schedule 3 defines particular words used in 12 this Act. 13 10 Meaning of mental illness 14 (1) Mental illness is a condition characterised by a clinically 15 significant disturbance of thought, mood, perception or 16 memory. 17 (2) However, a person must not be considered to have a mental 18 illness merely because-- 19 (a) the person holds or refuses to hold a particular religious, 20 cultural, philosophical or political belief or opinion; or 21 (b) the person is a member of a particular racial group; or 22 (c) the person has a particular economic or social status; or 23 (d) the person has a particular sexual preference or sexual 24 orientation; or 25 (e) the person engages in sexual promiscuity; or 26 Page 48

Mental Health Bill 2015 Chapter 1 Preliminary Part 3 Interpretation [s 11] (f) the person engages in immoral or indecent conduct; or 1 (g) the person takes drugs or alcohol; or 2 (h) the person has an intellectual disability; or 3 (i) the person engages in antisocial behaviour or illegal 4 behaviour; or 5 (j) the person is or has been involved in family conflict; or 6 (k) the person has previously been treated for a mental 7 illness or been subject to involuntary assessment or 8 treatment. 9 (3) Subsection (2) does not prevent a person mentioned in the 10 subsection having a mental illness. 11 Examples for subsection (3)-- 12 1 A person may have a mental illness caused by taking drugs or 13 alcohol. 14 2 A person may have a mental illness as well as an intellectual 15 disability. 16 (4) A decision that a person has a mental illness must be made in 17 accordance with internationally accepted medical standards. 18 11 Meaning of involuntary patient 19 An involuntary patient means-- 20 (a) a person subject to any of the following-- 21 (i) an examination authority; 22 (ii) a recommendation for assessment; 23 (iii) a treatment authority; 24 (iv) a forensic order; 25 (v) a treatment support order; 26 (vi) a judicial order; or 27 Page 49

Mental Health Bill 2015 Chapter 1 Preliminary Part 3 Interpretation [s 12] (b) a person detained in an authorised mental health service 1 or public sector health service facility under section 36; 2 or 3 (c) a person from another State detained in an authorised 4 mental health service under section 366(4). 5 12 Meaning of treatment criteria 6 (1) The treatment criteria for a person are all of the following-- 7 (a) the person has a mental illness; 8 (b) the person does not have capacity to consent to be 9 treated for the illness; 10 (c) because of the person's illness, the absence of 11 involuntary treatment, or the absence of continued 12 involuntary treatment, is likely to result in-- 13 (i) imminent serious harm to the person or others; or 14 (ii) the person suffering serious mental or physical 15 deterioration. 16 (2) For subsection (1)(b), the person's own consent only is 17 relevant. 18 (3) Subsection (2) applies despite the Guardianship and 19 Administration Act 2000, the Powers of Attorney Act 1998 or 20 any other law. 21 13 Meaning of less restrictive way 22 (1) For this Act, there is a less restrictive way for a person to 23 receive treatment and care for the person's mental illness if, 24 instead of receiving involuntary treatment and care, the person 25 is able to receive the treatment and care that is reasonably 26 necessary for the person's mental illness in 1 of the following 27 ways-- 28 (a) if the person is a minor--with the consent of the minor's 29 parent; 30 Page 50

Mental Health Bill 2015 Chapter 1 Preliminary Part 3 Interpretation [s 13] (b) if the person has made an advance health 1 directive--under the advance health directive; 2 (c) if a personal guardian has been appointed for the 3 person--with the consent of the personal guardian; 4 (d) if an attorney has been appointed by the person--with 5 the consent of the attorney; 6 (e) otherwise--with the consent of the person's statutory 7 health attorney. 8 Examples of when there may not be a less restrictive way for a person to 9 receive the treatment and care that is reasonably necessary for the 10 person's mental illness-- 11 1 An advance health directive does not cover the matters that are 12 clinically relevant or appropriate for the person's treatment and 13 care. 14 2 An advance health directive does not authorise the administration of 15 the medications that are clinically necessary for the person's 16 treatment and care. 17 3 An attorney does not consent to the administration of the 18 medications that are clinically necessary for the person's treatment 19 and care. 20 (2) In deciding whether there is a less restrictive way for a person 21 to receive the treatment and care that is reasonably necessary 22 for the person's mental illness, a person performing a function 23 or exercising a power under this Act must-- 24 (a) consider the ways mentioned in subsection (1) in the 25 listed order set out in the subsection; and 26 (b) comply with the policy that must be made by the chief 27 psychiatrist under section 303(1)(a) about when it may 28 not be appropriate for a person to receive treatment and 29 care for the person's mental illness under an advance 30 health directive or with the consent of a personal 31 guardian, attorney or statutory health attorney for the 32 person. 33 (3) To remove any doubt, it is declared that this section does not 34 limit the power of the public guardian to act as a statutory 35 Page 51

Mental Health Bill 2015 Chapter 1 Preliminary Part 3 Interpretation [s 14] health attorney for a person under the Powers of Attorney Act 1 1998. 2 (4) In this section-- 3 public guardian means the public guardian under the Public 4 Guardian Act 2014. 5 statutory health attorney means the person's statutory health 6 attorney under the Powers of Attorney Act 1998, section 63(1). 7 14 Meaning of capacity to consent to be treated 8 (1) A person has capacity to consent to be treated if the person-- 9 (a) is capable of understanding, in general terms-- 10 (i) that the person has an illness, or symptoms of an 11 illness, that affects the person's mental health and 12 wellbeing; and 13 (ii) the nature and purpose of the treatment for the 14 illness; and 15 (iii) the benefits and risks of the treatment, and 16 alternatives to the treatment; and 17 (iv) the consequences of not receiving the treatment; 18 and 19 (b) is capable of making a decision about the treatment and 20 communicating the decision in some way. 21 (2) A person may have capacity to consent to be treated even 22 though the person decides not to receive treatment. 23 (3) A person may be supported by another person in 24 understanding the matters mentioned in subsection (1)(a) and 25 making a decision about the treatment. 26 (4) This section does not affect the common law in relation to-- 27 (a) the capacity of a minor to consent to be treated; or 28 (b) a parent of a minor consenting to treatment of the minor. 29 Page 52

Mental Health Bill 2015 Chapter 1 Preliminary Part 4 Overview of Act [s 15] 15 Responsibility for involuntary patient or forensic 1 disability client 2 (1) This section applies if a provision of this Act states that-- 3 (a) an authorised mental health service is responsible for an 4 involuntary patient; or 5 (b) the forensic disability service is responsible for a person 6 subject to a forensic order (disability). 7 (2) If subsection (1)(a) applies, the administrator of the 8 authorised mental health service is responsible for the 9 treatment and care of the involuntary patient under the 10 authority or order to which the person is subject. 11 (3) If subsection (1)(b) applies, the administrator of the forensic 12 disability service is responsible for the care of the person 13 under the forensic order (disability) to which the person is 14 subject. 15 16 Purpose of limited community treatment 16 The purpose of limited community treatment is to support a 17 patient's recovery by transitioning the patient to living in the 18 community with appropriate treatment and care. 19 Part 4 Overview of Act 20 17 Purpose of pt 4 21 This part gives an overview of this Act. 22 18 Treatment authorities 23 (1) A treatment authority is a lawful authority to provide 24 treatment and care to a person who has a mental illness who 25 does not have capacity to consent to be treated. 26 Page 53

Mental Health Bill 2015 Chapter 1 Preliminary Part 4 Overview of Act [s 19] (2) A treatment authority may be made for a person if an 1 authorised doctor considers the treatment criteria apply to the 2 person and there is no less restrictive way for the person to 3 receive treatment and care for the person's mental illness, 4 including, for example, under an advance health directive. 5 (3) Key elements of the treatment criteria are that the person does 6 not have capacity to consent to be treated and there is a risk of 7 imminent serious harm to the person or others. 8 (4) The category of a treatment authority is-- 9 (a) community, if the person's treatment and care needs can 10 be met in the community; or 11 (b) inpatient, if the person's treatment and care needs can be 12 met only by being an inpatient. 13 (5) If the category of a person's treatment authority is inpatient, 14 the person may receive limited community treatment, for a 15 period of not more than 7 consecutive days, if authorised 16 under this Act. 17 19 Persons in custody 18 A person in custody, including, for example, in a watch house 19 or prison, may be transferred to an authorised mental health 20 service for an assessment to decide if a treatment authority 21 should be made for the person, or for treatment and care for 22 the person's mental illness. 23 20 Psychiatrist reports 24 (1) If a person subject to a treatment authority, forensic order or 25 treatment support order is charged with a serious offence, the 26 person, or someone on the person's behalf, may request that a 27 psychiatrist prepare a report stating the psychiatrist's opinion 28 about whether the person-- 29 (a) may have been of unsound mind at the time of the 30 alleged commission of the serious offence; or 31 Page 54

Mental Health Bill 2015 Chapter 1 Preliminary Part 4 Overview of Act [s 21] (b) may be unfit for trial. 1 (2) Also, if a person is charged with a serious offence, whether or 2 not the person is subject to a treatment authority, forensic 3 order or treatment support order, the chief psychiatrist may 4 direct that a psychiatrist prepare a report about the matters 5 mentioned in subsection (1) if the chief psychiatrist considers 6 it is in the public interest. 7 (3) A serious offence is an indictable offence, other than an 8 offence that, under the Criminal Code, must be heard and 9 decided summarily. 10 21 Mental Health Court 11 (1) The Mental Health Court decides whether a person charged 12 with a serious offence or other particular offences was of 13 unsound mind or, for the offence of murder, of diminished 14 responsibility, when the offence was allegedly committed or is 15 unfit for trial. 16 (2) If the court decides a person was of unsound mind when the 17 offence was allegedly committed, or is unfit for trial, the court 18 may make a forensic order or treatment support order for the 19 person. 20 (3) The forensic order may be a forensic order (mental health) or 21 a forensic order (disability). 22 (4) The court must also decide the category of the order and, if 23 the category is inpatient, any limited community treatment for 24 the person. 25 (5) If the court decides a person is unfit for trial and the unfitness 26 for trial is not permanent, the person's fitness for trial is 27 periodically reviewed by the Mental Health Review Tribunal. 28 22 Magistrates Courts 29 (1) A Magistrates Court may dismiss a complaint for a simple 30 offence if the court is reasonably satisfied, on the balance of 31 probabilities, that the person charged with the offence was, or 32 Page 55

Mental Health Bill 2015 Chapter 1 Preliminary Part 4 Overview of Act [s 23] appears to have been, of unsound mind when the offence was 1 allegedly committed or is unfit for trial. 2 (2) A Magistrates Court may also order that a person appearing 3 before the court be examined by an authorised doctor to 4 decide whether to make a treatment authority for the person or 5 to make recommendations about the person's treatment and 6 care. 7 23 Treatment and care of patients 8 (1) The treatment and care of a patient is the responsibility of 9 authorised doctors and administrators of authorised mental 10 health services. 11 (2) A person subject to a treatment authority must be regularly 12 assessed to decide if the treatment authority should continue. 13 (3) An authorised doctor may amend a person's treatment 14 authority, forensic order or treatment support order by 15 changing the category of the authority or order, its conditions, 16 or the nature or extent of limited community treatment. 17 (4) An amendment of an authority or order by an authorised 18 doctor must be in accordance with decisions of the Mental 19 Health Court and the Mental Health Review Tribunal. 20 (5) To the extent practicable, decisions in relation to treatment 21 and care for a patient must be made in consultation with the 22 patient and the patient's family, carers and other support 23 persons, subject to the patient's right to privacy. 24 (6) The performance of electroconvulsive therapy and 25 non-ablative neurosurgical procedures is regulated under this 26 Act. 27 (7) Psychosurgery is prohibited under this Act. 28 Page 56

Mental Health Bill 2015 Chapter 1 Preliminary Part 4 Overview of Act [s 24] 24 Mechanical restraint, seclusion, physical restraint and 1 other practices 2 (1) The use of mechanical restraint, seclusion, physical restraint, 3 and other practices are regulated under this Act. 4 (2) The use of mechanical restraint on an involuntary patient in an 5 authorised mental health service must be approved by the 6 chief psychiatrist. 7 (3) Mechanical restraint and seclusion may be used only if there 8 is no other reasonably practicable way to protect the patient or 9 others from physical harm. 10 25 Rights of patients 11 (1) This Act provides for a statement of rights for involuntary 12 patients and other patients of authorised mental health 13 services. 14 (2) A person may appoint 1 or 2 nominated support persons to 15 support the person under this Act if the person becomes an 16 involuntary patient. 17 (3) The health service chief executive responsible for a public 18 sector mental health service must appoint 1 or more 19 independent patient rights advisers to advise patients and their 20 nominated support persons, family, carers and other support 21 persons of their rights under this Act. 22 26 Chief psychiatrist 23 (1) The chief psychiatrist protects the rights of patients in 24 authorised mental health services. 25 (2) The chief psychiatrist makes policies and practice guidelines 26 that must be complied with by persons performing functions 27 in authorised mental health services. 28 (3) The chief psychiatrist has powers to investigate matters under 29 this Act. 30 Page 57

Mental Health Bill 2015 Chapter 1 Preliminary Part 4 Overview of Act [s 27] 27 Information notices 1 Victims of unlawful acts, close relatives of the victims, and 2 other particular persons may apply to the chief psychiatrist to 3 receive specific information about the person who committed 4 the unlawful act, including when treatment in the community 5 is authorised for the person. 6 28 Mental Health Review Tribunal 7 (1) The Mental Health Review Tribunal reviews the following-- 8 (a) treatment authorities; 9 (b) forensic orders; 10 (c) treatment support orders; 11 (d) the fitness for trial of particular persons; 12 (e) the detention of minors in high security units. 13 (2) The Mental Health Review Tribunal also hears applications 14 for the following-- 15 (a) examination authorities; 16 (b) the approval of regulated treatment; 17 (c) the transfer of particular patients into and out of 18 Queensland. 19 (3) This Act states when periodic reviews of treatment 20 authorities, forensic orders and treatment support orders must 21 take place. 22 (4) An involuntary patient, or an interested person for the patient, 23 may apply for a review at any time. 24 29 Appeals 25 This Act provides for-- 26 (a) an appeal to the Mental Health Review Tribunal against 27 particular decisions of the chief psychiatrist or the 28 Page 58

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 1 Preliminary [s 30] administrator of an authorised mental health service; 1 and 2 (b) an appeal to the Mental Health Court against particular 3 decisions of the Mental Health Review Tribunal; and 4 (c) an appeal to the Court of Appeal against a decision of 5 the Mental Health Court on a reference in relation to a 6 person. 7 Chapter 2 Making of treatment 8 authorities after 9 examination and 10 assessment 11 Part 1 Preliminary 12 30 Purpose of ch 2 13 The purpose of this chapter is to provide for-- 14 (a) matters relating to the examination and assessment of 15 persons who may have a mental illness; and 16 (b) the making of treatment authorities for persons who 17 have a mental illness if-- 18 (i) the treatment criteria apply to the person; and 19 (ii) there is no less restrictive way for the person to 20 receive treatment and care for the person's mental 21 illness. 22 Note-- 23 See also chapter 3 for other matters in relation to persons in custody 24 who have or may have a mental illness. 25 Page 59

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 2 Examinations and recommendations for assessment [s 31] Part 2 Examinations and 1 recommendations for 2 assessment 3 Division 1 Examinations generally 4 31 Examination 5 (1) A doctor or authorised mental health practitioner may 6 examine a person to decide whether to make a 7 recommendation for assessment for the person. 8 (2) Without limiting subsection (1), the examination may be 9 carried out-- 10 (a) if the person asks for, or consents to, the examination; or 11 (b) under this Act or another Act providing for the 12 examination, including, for example, under an 13 examination authority or emergency examination 14 authority. 15 Note-- 16 See chapter 12, part 8 in relation to applications for examination 17 authorities. 18 (3) However, a doctor or authorised mental health practitioner 19 must not examine a person subject to a forensic order (mental 20 health), forensic order (Criminal Code) or treatment support 21 order to decide whether to make a recommendation for 22 assessment for the person. 23 Page 60

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 2 Examinations and recommendations for assessment [s 32] Division 2 Powers under examination 1 authorities 2 32 Powers of doctor or authorised mental health practitioner 3 (1) This section applies if a person is subject to an examination 4 authority. 5 (2) A doctor or authorised mental health practitioner may-- 6 (a) enter a place stated in the authority or another place in 7 which the doctor or authorised mental health 8 practitioner considers the person may be found, and any 9 other place necessary for entry to either of those places, 10 to find the person; and 11 (b) examine the person, without the person's consent, at-- 12 (i) the place at which the person is found; or 13 (ii) if the doctor or authorised mental health 14 practitioner considers it clinically appropriate--an 15 authorised mental health service or public sector 16 health service facility; and 17 (c) detain the person at the place at which the person is 18 examined for the period reasonably necessary for the 19 examination. 20 (3) If subsection (2)(b)(ii) applies to the person, an authorised 21 person may transport the person to the authorised mental 22 health service or public sector health service facility for the 23 examination. 24 33 Reasonable help and force to exercise powers 25 A doctor or authorised mental health practitioner may 26 exercise a power under section 32 with the help, and using the 27 force, that is necessary and reasonable in the circumstances. 28 Page 61

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 2 Examinations and recommendations for assessment [s 34] 34 Asking police officer for help 1 For performing a function or exercising a power under section 2 32 in relation to a person, a doctor or authorised mental health 3 practitioner is a public official for the Police Powers and 4 Responsibilities Act 2000. 5 Note-- 6 For the powers of a police officer while helping a public official, see the 7 Police Powers and Responsibilities Act 2000, section 16. 8 35 Action before exercising powers 9 (1) Before performing a function or exercising a power under 10 section 32 in relation to a person, a doctor or authorised 11 mental health practitioner must do or make a reasonable 12 attempt to do each of the following-- 13 (a) identify himself or herself to the person; 14 (b) tell the person an examination authority has been made; 15 (c) explain to the person, in general terms, the nature and 16 effect of the authority; 17 (d) give the person a copy of the authority, if requested; 18 (e) if the doctor or health practitioner is entering a 19 place--give the person an opportunity to allow the 20 doctor or health practitioner immediate entry to the 21 place without using force. 22 (2) However, the doctor or authorised mental health practitioner 23 need not comply with subsection (1) if the doctor or health 24 practitioner believes on reasonable grounds that not 25 complying with the subsection is required to ensure the 26 execution of the authority is not frustrated. 27 (3) The doctor or authorised mental health practitioner must give 28 a copy of the authority to the person's nominated support 29 persons, personal guardian or attorney, if requested. 30 Page 62

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 2 Examinations and recommendations for assessment [s 36] Division 3 Detention of particular persons to 1 make recommendation for 2 assessment 3 36 Powers of doctor or authorised mental health practitioner 4 (1) This section applies if-- 5 (a) a person asks for, or consents to, an examination under 6 section 31 by a doctor or authorised mental health 7 practitioner in an authorised mental health service or 8 public sector health service facility; and 9 (b) after examining the person, the doctor or authorised 10 mental health practitioner decides under section 39 to 11 make a recommendation for assessment for the person; 12 and 13 (c) there is a risk the person will leave the authorised mental 14 health service or public sector health service facility in 15 which the person is being examined before the 16 recommendation for assessment is made. 17 (2) The doctor or authorised mental health practitioner may 18 detain the person in the authorised mental health service or 19 public sector health service facility for the period, of not more 20 than 1 hour, reasonably necessary to make the 21 recommendation for assessment. 22 (3) The doctor or authorised mental health practitioner must 23 record in the person's health records-- 24 (a) the reasons for detaining the person under subsection 25 (2); and 26 (b) the duration of the detention. 27 37 Reasonable help and force to exercise powers 28 A doctor or authorised mental health practitioner may 29 exercise a power under section 36 with the help, and using the 30 force, that is necessary and reasonable in the circumstances. 31 Page 63

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 2 Examinations and recommendations for assessment [s 38] 38 Action before exercising powers 1 Before exercising a power under section 36 in relation to a 2 person, a doctor or authorised mental health practitioner must 3 do or make a reasonable attempt to do the following-- 4 (a) identify himself or herself to the person; 5 (b) tell the person a recommendation for assessment will be 6 made; 7 (c) explain to the person, in general terms, the nature and 8 effect of a recommendation for assessment; 9 (d) explain to the person that the person will be detained in 10 the authorised mental health service or public health 11 service facility for the period, of not more than 1 hour, 12 reasonably necessary to make the recommendation for 13 assessment; 14 (e) give the person an opportunity to allow the doctor or 15 health practitioner to make the recommendation for 16 assessment without detaining the person. 17 Division 4 Recommendations for assessment 18 39 Making recommendation for assessment 19 (1) A doctor or authorised mental health practitioner may, after 20 examining a person under section 31, make a recommendation 21 for assessment for the person if satisfied-- 22 (a) the treatment criteria may apply to the person; and 23 (b) there appears to be no less restrictive way for the person 24 to receive treatment and care for the person's mental 25 illness. 26 (2) The recommendation for assessment must be made within 7 27 days after the examination. 28 (3) The recommendation for assessment must be in the approved 29 form. 30 Page 64

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 2 Examinations and recommendations for assessment [s 40] 40 Notice of making 1 (1) As soon as practicable after deciding to make the 2 recommendation for assessment, the doctor or authorised 3 mental health practitioner must-- 4 (a) tell the person of the decision; and 5 (b) explain to the person the effect of the recommendation; 6 and 7 (c) give the person a copy of the recommendation, if 8 requested. 9 (2) Subsection (1)(c) does not apply if the doctor or authorised 10 mental health practitioner considers giving the person a copy 11 may adversely affect the health and wellbeing of the person. 12 (3) Also, the doctor or authorised mental health practitioner must 13 give a copy of the recommendation to the person's nominated 14 support persons, personal guardian or attorney, if requested. 15 41 Duration 16 A recommendation for assessment is in force for 7 days after 17 the day it is made. 18 42 Revocation 19 (1) A doctor or authorised mental health practitioner who makes a 20 recommendation for assessment for a person may revoke the 21 recommendation at any time before the start of the assessment 22 period for the person. 23 (2) The doctor or authorised mental health practitioner may act 24 under subsection (1) only if the doctor or health practitioner is 25 no longer satisfied-- 26 (a) the treatment criteria may apply to the person; or 27 (b) there appears to be no less restrictive way for the person 28 to receive treatment and care for the person's mental 29 illness. 30 Page 65

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 3 Assessments [s 43] Part 3 Assessments 1 43 Making assessment 2 (1) An authorised doctor may make an assessment of a person 3 subject to a recommendation for assessment to decide-- 4 (a) whether the treatment criteria apply to the person; and 5 (b) whether there is a less restrictive way for the person to 6 receive treatment and care for the person's mental 7 illness. 8 (2) The authorised doctor who makes the assessment under 9 subsection (1) must not be the authorised doctor who made 10 the recommendation for assessment for the person. 11 (3) Subsection (2) does not apply if the authorised doctor is an 12 authorised doctor for an authorised mental health service 13 (rural and remote) and is the only authorised doctor 14 reasonably available to make the assessment. 15 (4) For subsection (1)(b), the authorised doctor must take 16 reasonable steps to find out whether there is a less restrictive 17 way for the person to receive treatment and care for the 18 person's mental illness, including, for example, by searching 19 the person's health records to find out whether the person has 20 made an advance health directive or has a personal guardian. 21 44 Where and how person may be assessed 22 (1) A person subject to a recommendation for assessment may be 23 assessed in-- 24 (a) an authorised mental health service; or 25 (b) a public sector health service facility; or 26 (c) another place considered clinically appropriate by the 27 authorised doctor making the assessment. 28 Page 66

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 3 Assessments [s 45] (2) An authorised person may transport the person to an 1 authorised mental health service or a public sector health 2 service facility for assessment. 3 Notes-- 4 1 For a person in custody subject to a recommendation for 5 assessment, see section 65. 6 2 For the powers of an authorised person when detaining and 7 transporting a person, see chapter 11, part 6, division 5. 8 (3) An authorised doctor making an assessment of a person must 9 discuss the assessment with the person. 10 45 Detention for assessment 11 (1) If a person subject to a recommendation for assessment is to 12 be assessed in an authorised mental health service or public 13 sector health service facility, the person may be detained for 14 assessment in the service or facility for a period of not more 15 than 24 hours starting-- 16 (a) if the person is at the service or facility when the 17 recommendation for assessment is made--when the 18 recommendation is made; or 19 (b) otherwise--when the person is first transported and 20 admitted under the recommendation to the service or 21 facility. 22 (2) The authorised doctor making the assessment of the person 23 may extend, or further extend, the period under subsection (1) 24 before it ends to a period of not more than 72 hours after it 25 starts if the authorised doctor considers the extension is 26 necessary to carry out or finish the assessment. 27 (3) If, at any time during the period mentioned in subsection (1), 28 or extended under subsection (2), the authorised doctor 29 making the assessment makes a decision on the assessment, 30 the period for which the person may be detained for 31 assessment ends. 32 Page 67

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 3 Assessments [s 46] (4) The period under this section for which the person may be 1 detained for assessment is the assessment period for the 2 person. 3 46 Start of assessment period to be noted 4 (1) If the assessment period for a person starts as mentioned in 5 section 45(1)(a)-- 6 (a) the doctor or authorised mental health practitioner who 7 made the recommendation for assessment for the person 8 must make a note on the recommendation of the time 9 when the assessment period starts; and 10 (b) the note must be made when the recommendation for 11 assessment is made. 12 (2) If the assessment period for a person starts as mentioned in 13 section 45(1)(b)-- 14 (a) a health service employee must make a note on the 15 recommendation for assessment of the time when the 16 assessment period starts; and 17 (b) the note must be made as soon as practicable after the 18 person is admitted to the service or facility. 19 47 Explaining decision not to make treatment authority 20 (1) This section applies if, on making an assessment of a person 21 subject to a recommendation for assessment, an authorised 22 doctor decides-- 23 (a) the treatment criteria do not apply to the person; or 24 (b) there is a less restrictive way for the person to receive 25 treatment and care for the person's mental illness. 26 (2) The authorised doctor must-- 27 (a) tell the person of the decision; and 28 (b) explain its effect to the person; and 29 Page 68

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 4 Treatment authorities [s 48] (c) make a note on the recommendation for assessment of 1 the decision not to make a treatment authority for the 2 person. 3 Part 4 Treatment authorities 4 48 Application of pt 4 5 This part applies if, on making an assessment of a person 6 under part 3, the authorised doctor making the assessment is 7 satisfied-- 8 (a) the treatment criteria apply to the person; and 9 (b) there is no less restrictive way for the person to receive 10 treatment and care for the person's mental illness. 11 49 Making treatment authority 12 The authorised doctor may make an authority (a treatment 13 authority) for the person. 14 50 Form of treatment authority 15 (1) The treatment authority must-- 16 (a) be in the approved form; and 17 (b) state the following-- 18 (i) the grounds on which the authorised doctor is 19 satisfied the treatment criteria apply to the person; 20 (ii) the authorised mental health service responsible 21 for the person's treatment and care under the 22 authority; 23 (iii) the category of the authority; 24 Page 69

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 4 Treatment authorities [s 51] (iv) if the authorised doctor decides under section 51(1) 1 that the category of the authority is 2 inpatient--whether limited community treatment 3 is authorised for the person; 4 (v) the nature and extent of the treatment and care to 5 be provided to the person; 6 (vi) any conditions the authorised doctor considers 7 necessary for the person's treatment and care. 8 Note-- 9 See schedule 3, definition condition. 10 (2) For subsection (1)(b)(ii), if the authorised doctor decides 11 under section 51(1) that the category of the authority is 12 inpatient, the authorised mental health service responsible for 13 the person's treatment and care must not be a high security 14 unit without the prior written approval of the chief 15 psychiatrist. 16 51 Category 17 (1) If the authorised doctor makes a treatment authority for the 18 person, and the person is not a classified patient, the 19 authorised doctor must decide whether the category of the 20 authority is-- 21 (a) inpatient; or 22 (b) community. 23 (2) In deciding the category of the authority, the authorised doctor 24 must have regard to the relevant circumstances of the person. 25 (3) However, the authorised doctor may decide the category of 26 the authority is inpatient only if the authorised doctor 27 considers, after having regard to the relevant circumstances of 28 the person, that 1 or more of the following can not reasonably 29 be met if the category of the authority is community-- 30 (a) the person's treatment and care needs; 31 (b) the safety and welfare of the person; 32 Page 70

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 4 Treatment authorities [s 52] (c) the safety of others. 1 (4) If the person is a classified patient, the category of the 2 authority is inpatient. 3 52 Limited community treatment 4 (1) If the authorised doctor decides under section 51(1) that the 5 category of the treatment authority is inpatient, the authorised 6 doctor must decide whether to authorise limited community 7 treatment. 8 Note-- 9 See chapter 7, part 6 for the authorisation of limited community 10 treatment for classified patients. 11 (2) The authorised doctor may decide to authorise limited 12 community treatment only if satisfied limited community 13 treatment is appropriate having regard to-- 14 (a) the relevant circumstances of the person; and 15 (b) the purpose of limited community treatment. 16 (3) If limited community treatment is authorised under this 17 section, the person's treatment authority must state-- 18 (a) the nature and conditions of the limited community 19 treatment; and 20 (b) the period, of not more than 7 consecutive days, of the 21 limited community treatment; and 22 (c) the duration for which the authorisation is in force. 23 Example for paragraphs (b) and (c)-- 24 limited community treatment may be authorised for a period of 1 day 25 per week for a duration of 8 weeks 26 53 Nature and extent of treatment and care 27 In deciding the nature and extent of the treatment and care to 28 be provided to the person under the treatment authority, the 29 authorised doctor must-- 30 Page 71

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 4 Treatment authorities [s 54] (a) discuss the treatment and care to be provided with the 1 person; and 2 (b) have regard to the views, wishes and preferences of the 3 person, to the extent they can be expressed, including, 4 for example, in an advance health directive. 5 54 When advance health directive not followed 6 (1) This section applies if-- 7 (a) the person has an advance health directive relating to the 8 person's future treatment and care for a mental illness; 9 and 10 (b) either-- 11 (i) the authorised doctor decides to make a treatment 12 authority despite the person having an advance 13 health directive; or 14 (ii) the nature and extent of the treatment and care 15 decided by the authorised doctor under section 53 16 is inconsistent with the views, wishes and 17 preferences of the person expressed in the advance 18 health directive. 19 (2) The authorised doctor must-- 20 (a) explain to the person the reasons why the authorised 21 doctor made the decision mentioned in subsection 22 (1)(b); and 23 (b) record the reasons in the person's health records. 24 55 Notice of making 25 (1) As soon as practicable after making a treatment authority for a 26 person, the authorised doctor must-- 27 (a) tell the person of the decision; and 28 (b) explain its effect to the person. 29 Page 72

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 4 Treatment authorities [s 56] (2) If the authorised doctor is a psychiatrist, the administrator of 1 the person's treating health service must, within 7 days after 2 the treatment authority is made-- 3 (a) give the person a copy of the authority; and 4 (b) give the person's nominated support persons, personal 5 guardian or attorney a copy of the authority, if 6 requested; and 7 (c) give the tribunal written notice of its making. 8 (3) If the authorised doctor is not a psychiatrist, the administrator 9 of the person's treating health service must-- 10 (a) give the person a copy of the authority, if requested; and 11 (b) give the person's nominated support persons, personal 12 guardian or attorney a copy of the authority, if 13 requested. 14 56 Review of treatment authority if not made by psychiatrist 15 (1) This section applies if a treatment authority is made by an 16 authorised doctor who is not a psychiatrist. 17 (2) An authorised psychiatrist must review the treatment authority 18 and decide whether-- 19 (a) to confirm the treatment authority, with or without 20 amendment; or 21 (b) to revoke the treatment authority. 22 (3) The review must happen-- 23 (a) within 3 days (the review period) after the treatment 24 authority is made; or 25 (b) if the person subject to the treatment authority is a 26 patient of an authorised mental health service (rural and 27 remote) and it is not reasonably practicable to complete 28 the review within 3 days--within 7 days (also the 29 review period) after the treatment authority is made. 30 Page 73

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 4 Treatment authorities [s 57] (4) An authorised doctor may give the person subject to the 1 treatment authority a written notice directing the person to 2 attend for the review at a stated authorised mental health 3 service or public sector health service facility on a stated day 4 within the review period. 5 Note-- 6 See chapter 11, part 6, division 3 for the powers that may be used in 7 relation to a person who does not comply with a direction under 8 subsection (4). 9 (5) The person subject to the treatment authority may be detained 10 for the review in the stated service or facility for a period of 11 not more than 6 hours starting when the person is admitted to 12 the service or facility for the review. 13 (6) A review of a treatment authority does not affect the operation 14 of the treatment authority before a decision is made to confirm 15 or revoke it under subsection (2). 16 57 Decision on review 17 (1) On a review under section 56 of a treatment authority, the 18 authorised psychiatrist may decide to confirm the treatment 19 authority only if satisfied-- 20 (a) the treatment criteria apply to the person; and 21 (b) there is no less restrictive way for the person to receive 22 treatment and care for the person's mental illness. 23 (2) If the authorised psychiatrist decides to confirm the treatment 24 authority, the authorised psychiatrist must-- 25 (a) decide whether to amend the treatment authority in any 26 of the following ways-- 27 (i) to change the category of the authority; 28 (ii) to authorise or revoke, or change the nature or 29 extent of, limited community treatment; 30 (iii) to impose a condition on, or change a condition of, 31 the authority; and 32 Page 74

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 4 Treatment authorities [s 57] (b) decide the nature and extent of the treatment and care to 1 be provided to the person under the treatment authority. 2 (3) In deciding-- 3 (a) whether to change the category of the authority, section 4 51 applies to the authorised psychiatrist as if a reference 5 in the section to an authorised doctor were a reference to 6 the authorised psychiatrist; and 7 (b) whether to authorise or revoke, or change the nature or 8 extent of, limited community treatment, section 52 9 applies to the authorised psychiatrist as if a reference in 10 the section to an authorised doctor were a reference to 11 the authorised psychiatrist; and 12 (c) the nature and extent of the treatment and care to be 13 provided to the person, section 53 applies to the 14 authorised psychiatrist as if a reference in the section to 15 an authorised doctor were a reference to the authorised 16 psychiatrist. 17 (4) If, after reviewing the treatment authority, the authorised 18 psychiatrist is not satisfied of the matters mentioned in 19 subsection (1), the authorised psychiatrist must decide to 20 revoke the treatment authority. 21 (5) The authorised psychiatrist must make a note on the treatment 22 authority of the decision on the review. 23 (6) If a treatment authority made by an authorised doctor who is 24 not an authorised psychiatrist is not confirmed under 25 subsection (1) or revoked under subsection (4) within the 26 review period for the treatment authority, the treatment 27 authority is revoked at the end of the review period. 28 (7) However, subsection (6) does not apply if the person does not 29 attend for the review as directed under section 56(4). 30 Page 75

Mental Health Bill 2015 Chapter 2 Making of treatment authorities after examination and assessment Part 4 Treatment authorities [s 58] 58 Notice about review 1 (1) As soon as practicable after making a decision under section 2 57 on a review of a treatment authority for a person, the 3 authorised psychiatrist must-- 4 (a) tell the person of the decision; and 5 (b) explain its effect to the person. 6 (2) If the decision on the review is to confirm the treatment 7 authority, the administrator of the person's treating health 8 service must, within 7 days after the decision-- 9 (a) give the person a copy of the authority; and 10 (b) give the tribunal written notice of the decision. 11 59 Date for first assessment 12 (1) If an authorised doctor makes a treatment authority for a 13 person, the authorised doctor must decide and record in the 14 person's health records a date for the first regular assessment 15 of the patient under section 205. 16 (2) The date for the assessment must be not later than 3 months 17 after the day the treatment authority is made. 18 60 Relationship with forensic order (disability) 19 If a treatment authority for a person is inconsistent with a 20 forensic order (disability) for the person, the forensic order 21 (disability) prevails to the extent of the inconsistency. 22 Page 76

Mental Health Bill 2015 Chapter 3 Persons in custody Part 1 Preliminary [s 61] Chapter 3 Persons in custody 1 Part 1 Preliminary 2 61 Purpose of ch 3 3 The purpose of this chapter is to provide for-- 4 (a) the transport of persons in custody to an inpatient unit of 5 an authorised mental health service-- 6 (i) for assessment under chapter 2, part 3; or 7 (ii) to receive treatment and care under this Act for the 8 person's mental illness; and 9 (b) persons subject to examination orders or court 10 examination orders remaining in an inpatient unit of an 11 authorised mental health service to receive treatment 12 and care under this Act for the person's mental illness; 13 and 14 (c) particular requirements that apply when persons become 15 classified patients; and 16 (d) the return to custody, or release from detention in an 17 authorised mental health service, of classified patients. 18 62 Definitions for ch 3 19 In this chapter-- 20 administrator consent, for a person in custody, means consent 21 given by the administrator of an authorised mental health 22 service under section 69 for the transport of the person. 23 classified patient see section 64(1). 24 classified patient (involuntary) see section 64(2). 25 classified patient (voluntary) see section 64(3). 26 Page 77

Mental Health Bill 2015 Chapter 3 Persons in custody Part 1 Preliminary [s 63] custodian consent, for a person in custody, means consent 1 given under section 71 for the transport of the person. 2 notice event see section 81(1). 3 person in custody see section 63. 4 transfer recommendation see section 68(2). 5 63 Meaning of person in custody 6 (1) A person in custody is a person who is in lawful custody-- 7 (a) on a charge of an offence or awaiting sentence on 8 conviction for an offence; or 9 (b) without charge under-- 10 (i) an Act of the State, other than this Act; or 11 (ii) an Act of the Commonwealth; or 12 (c) serving a sentence of imprisonment, or period of 13 detention under a court order, for an offence and who is 14 not released on parole. 15 (2) To remove any doubt, it is declared that an offence mentioned 16 in subsection (1) includes an offence against a law of the 17 Commonwealth. 18 Note-- 19 See the Judiciary Act 1903 (Cwlth), section 68 (Jurisdiction of State and 20 Territory courts in criminal cases). 21 64 Meaning of classified patient 22 (1) A classified patient is-- 23 (a) a classified patient (involuntary); or 24 (b) a classified patient (voluntary). 25 (2) A classified patient (involuntary) is-- 26 (a) a person who is-- 27 (i) subject to any of the following-- 28 Page 78

Mental Health Bill 2015 Chapter 3 Persons in custody Part 1 Preliminary [s 64] (A) a recommendation for assessment; 1 (B) a treatment authority; 2 (C) a forensic order (mental health); 3 (D) a treatment support order; and 4 (ii) transported under part 2 from a place of custody to 5 an inpatient unit of an authorised mental health 6 service; and 7 (iii) admitted to the inpatient unit of the authorised 8 mental health service; or 9 (b) a person who-- 10 (i) is subject to any of the following-- 11 (A) a treatment authority; 12 (B) a forensic order; 13 (C) a treatment support order; and 14 (ii) remains in an inpatient unit of an authorised mental 15 health service under section 74. 16 (3) A classified patient (voluntary) is-- 17 (a) a person who-- 18 (i) is transported under part 2 from a place of custody 19 to an inpatient unit of an authorised mental health 20 service; and 21 (ii) is admitted to the inpatient unit of the authorised 22 mental health service; and 23 (iii) consents under section 67 or 79 to receiving 24 treatment and care for the person's mental illness 25 in the inpatient unit of the authorised mental health 26 service; or 27 (b) a person who-- 28 (i) remains in an inpatient unit of an authorised mental 29 health service under section 74; and 30 Page 79

Mental Health Bill 2015 Chapter 3 Persons in custody Part 2 Transport of persons in custody to authorised mental health services [s 65] (ii) consents under section 74 to receiving treatment 1 and care for the person's mental illness in the 2 inpatient unit of the authorised mental health 3 service. 4 Part 2 Transport of persons in 5 custody to authorised mental 6 health services 7 65 Transport for assessment 8 (1) This section applies to a person in custody who is subject to a 9 recommendation for assessment. 10 (2) The person may be transported by an authorised person from 11 the person's place of custody to an inpatient unit of an 12 authorised mental health service for assessment under chapter 13 2, part 3. 14 (3) The authorised person may transport the person only if both of 15 the following have been made for the person-- 16 (a) an administrator consent; 17 (b) a custodian consent. 18 (4) Despite section 44(1) and (2), the person may be transported 19 only to, and assessed only in, an inpatient unit of an 20 authorised mental health service. 21 66 Transport for treatment and care under treatment 22 authority or particular orders 23 (1) This section applies to a person in custody who is subject to a 24 treatment authority, forensic order (mental health) or 25 treatment support order. 26 Page 80

Mental Health Bill 2015 Chapter 3 Persons in custody Part 2 Transport of persons in custody to authorised mental health services [s 67] (2) The person may be transported by an authorised person from 1 the person's place of custody to an inpatient unit of an 2 authorised mental health service to receive treatment and care 3 for the person's mental illness. 4 (3) The authorised person may transport the person only if all of 5 the following have been made for the person-- 6 (a) a transfer recommendation; 7 (b) an administrator consent; 8 (c) a custodian consent. 9 (4) When the person is admitted to the inpatient unit of the 10 authorised mental health service-- 11 (a) if the category of the person's treatment authority, 12 forensic order (mental health) or treatment support order 13 is community--the category is changed to inpatient; and 14 (b) if limited community treatment has been authorised for 15 the person by an authorised doctor under section 52, 57, 16 209, 212 or 216--the authorisation is revoked; and 17 (c) if limited community treatment has been ordered or 18 approved by the Mental Health Court or tribunal--the 19 order or approval is of no effect while the person is 20 receiving treatment and care for the person's mental 21 illness in the inpatient unit. 22 67 Transport for treatment and care by consent 23 (1) This section applies to a person in custody who-- 24 (a) is not subject to a treatment authority, forensic order 25 (mental health) or treatment support order; and 26 (b) consents to receiving treatment and care for the person's 27 mental illness in an inpatient unit of an authorised 28 mental health service. 29 (2) The person may be transported by an authorised person from 30 the person's place of custody to an inpatient unit of an 31 Page 81

Mental Health Bill 2015 Chapter 3 Persons in custody Part 2 Transport of persons in custody to authorised mental health services [s 68] authorised mental health service to receive treatment and care 1 for the person's mental illness. 2 (3) The authorised person may transport the person only if all of 3 the following have been made for the person-- 4 (a) a transfer recommendation; 5 (b) an administrator consent; 6 (c) a custodian consent. 7 (4) The person may withdraw the person's consent under 8 subsection (1)(b) at any time. 9 Note-- 10 If the person withdraws consent, see sections 80 and 83. 11 (5) Subsection (4) does not prevent a treatment authority being 12 made under chapter 2 for the person. 13 68 Transfer recommendation 14 (1) This section applies to a person in custody who-- 15 (a) is subject to a treatment authority, forensic order (mental 16 health) or treatment support order; or 17 (b) consents to receiving treatment and care for the person's 18 mental illness in an inpatient unit of an authorised 19 mental health service. 20 (2) A doctor or authorised mental health practitioner may, in the 21 approved form, make a recommendation (a transfer 22 recommendation) for the person to be transported by an 23 authorised person from the person's place of custody to an 24 inpatient unit of an authorised mental health service to receive 25 treatment and care for the person's mental illness. 26 (3) The doctor or authorised mental health practitioner may make 27 the transfer recommendation only if satisfied-- 28 (a) for a person who is not subject to a treatment authority, 29 forensic order (mental health) or treatment support 30 order--the person may have a mental illness; and 31 Page 82

Mental Health Bill 2015 Chapter 3 Persons in custody Part 2 Transport of persons in custody to authorised mental health services [s 69] (b) it is clinically appropriate for the person to receive 1 treatment and care for the person's mental illness in an 2 authorised mental health service. 3 (4) As soon as practicable after making the transfer 4 recommendation, the doctor or authorised mental health 5 practitioner must-- 6 (a) tell the person of the making of the transfer 7 recommendation; and 8 (b) explain its effect to the person; and 9 (c) give the person a copy of the transfer recommendation, 10 if requested. 11 (5) Subsection (4)(c) does not apply if the doctor or authorised 12 mental health practitioner considers giving the copy may 13 adversely affect the health and wellbeing of the person. 14 (6) Also, the doctor or authorised mental health practitioner must 15 give a copy of the transfer recommendation to the person's 16 nominated support persons, personal guardian or attorney, if 17 requested. 18 69 Administrator consent 19 (1) This section applies to a person in custody who-- 20 (a) is subject to a recommendation for assessment; or 21 (b) is subject to a treatment authority, forensic order (mental 22 health) or treatment support order; or 23 (c) consents to receiving treatment and care for the person's 24 mental illness in an inpatient unit of an authorised 25 mental health service. 26 (2) The administrator of an authorised mental health service may, 27 in the approved form, consent to the person in custody being 28 transported by an authorised person from the person's place of 29 custody to an inpatient unit of the authorised mental health 30 service-- 31 Page 83

Mental Health Bill 2015 Chapter 3 Persons in custody Part 2 Transport of persons in custody to authorised mental health services [s 70] (a) for a person mentioned in subsection (1)(a)--for 1 assessment under chapter 2, part 3; or 2 (b) for a person mentioned in subsection (1)(b) or (c)--to 3 receive treatment and care for the person's mental 4 illness. 5 (3) The administrator may consent only if satisfied-- 6 (a) the authorised mental health service has capacity-- 7 (i) for a person mentioned in subsection (1)(a)--to 8 carry out the assessment; or 9 (ii) for a person mentioned in subsection (1)(b) or 10 (c)--to provide treatment and care for the person's 11 mental illness; and 12 (b) for an authorised mental health service that is not a high 13 security unit--that carrying out the assessment, or 14 providing the treatment and care, would not pose an 15 unreasonable risk to the safety of the person or others 16 having regard to-- 17 (i) the person's mental state and psychiatric history; 18 and 19 (ii) the person's treatment and care needs; and 20 (iii) the security requirements for the person. 21 70 Prior approval of chief psychiatrist for transport of minor 22 to high security unit 23 (1) If a person in custody mentioned in section 69(1) is a minor, 24 the administrator of an authorised mental health service that is 25 a high security unit must not give consent under section 69 for 26 the transport of the minor from the minor's place of custody to 27 the high security unit unless the chief psychiatrist has given 28 prior written approval of the giving of the consent. 29 (2) In deciding whether to give the approval, the chief psychiatrist 30 must have regard to the following-- 31 (a) the minor's mental state and psychiatric history; 32 Page 84

Mental Health Bill 2015 Chapter 3 Persons in custody Part 2 Transport of persons in custody to authorised mental health services [s 71] (b) the minor's treatment and care needs; 1 (c) the security requirements for the minor. 2 (3) As soon as practicable after deciding to give the approval, the 3 chief psychiatrist must give a copy of the written approval to 4 the administrator. 5 71 Custodian consent 6 (1) This section applies to a person in custody who-- 7 (a) is subject to a recommendation for assessment; or 8 (b) is subject to a treatment authority, forensic order (mental 9 health) or treatment support order; or 10 (c) consents to receiving treatment and care for the person's 11 mental illness in an inpatient unit of an authorised 12 mental health service. 13 (2) The custodian of the person in custody must, in the approved 14 form, consent to the person being transported by an authorised 15 person from the person's place of custody to an inpatient unit 16 of an authorised mental health service-- 17 (a) for a person mentioned in subsection (1)(a)--for 18 assessment under chapter 2, part 3; or 19 (b) for a person mentioned in subsection (1)(b) or (c)--to 20 receive treatment and care for the person's mental 21 illness. 22 (3) However, subsection (2) does not apply if the custodian is 23 satisfied that carrying out the assessment, or providing the 24 treatment and care, would pose an unreasonable risk to the 25 safety of the person or others having regard to the security 26 requirements for the person. 27 (4) The approved form must state the particular authorised mental 28 health service to which the person is to be transported for the 29 assessment or the treatment and care. 30 Page 85

Mental Health Bill 2015 Chapter 3 Persons in custody Part 2 Transport of persons in custody to authorised mental health services [s 72] 72 Notice to chief psychiatrist if person in custody not 1 transported within 72 hours 2 (1) This section applies if-- 3 (a) a person mentioned in section 65 is not transported to an 4 inpatient unit of an authorised mental health service 5 within 72 hours after the recommendation for 6 assessment for the person is made; or 7 (b) a person mentioned in section 66 or 67 is not transported 8 to an inpatient unit of an authorised mental health 9 service within 72 hours after the transfer 10 recommendation for the person is made. 11 (2) As soon as practicable after the end of the 72 hour period, a 12 doctor or authorised mental health practitioner must give the 13 chief psychiatrist written notice that the person has not been 14 transported to an inpatient unit of an authorised mental health 15 service under the recommendation for assessment or transfer 16 recommendation. 17 73 Chief psychiatrist consent for transport 18 (1) This section applies if the chief psychiatrist-- 19 (a) receives a written notice under section 72(2) about a 20 person in custody; or 21 (b) otherwise becomes aware a person has not been 22 transported to an inpatient unit of an authorised mental 23 health service under a recommendation for assessment 24 or transfer recommendation for the person. 25 (2) The chief psychiatrist may decide to consent to the person 26 being transported to an inpatient unit of an authorised mental 27 health service for the assessment or for the treatment and care. 28 (3) In deciding whether to give consent, the chief psychiatrist 29 must have regard to the matters to which an administrator of 30 an authorised mental health service must have regard under 31 section 69(3) in giving consent under section 69(2). 32 Page 86

Mental Health Bill 2015 Chapter 3 Persons in custody Part 3 Persons in custody remaining in authorised mental health services [s 74] (4) As soon as practicable after the chief psychiatrist decides to 1 give consent, the chief psychiatrist must give written notice of 2 the decision to the administrator of the authorised mental 3 health service to which the person is to be transported. 4 (5) The chief psychiatrist's consent has the same effect as if the 5 administrator had given consent under section 69(2) for the 6 transport of the person. 7 (6) As soon as practicable after receiving the notice under 8 subsection (4), and subject to a custodian consent being given 9 for the person, the administrator must arrange for the person 10 to be transported by an authorised person to the inpatient unit 11 of the authorised mental health service. 12 Part 3 Persons in custody remaining 13 in authorised mental health 14 services 15 74 Person subject to examination order or court 16 examination order remaining in authorised mental health 17 service 18 (1) This section applies if-- 19 (a) a person is transported by an authorised person, under 20 an examination order or a court examination order, from 21 the person's place of custody to an authorised mental 22 health service; and 23 (b) the authorised doctor making the examination considers 24 it is clinically appropriate for the person to receive 25 treatment and care for the person's mental illness in an 26 inpatient unit of an authorised mental health service; 27 and 28 (c) either-- 29 Page 87

Mental Health Bill 2015 Chapter 3 Persons in custody Part 3 Persons in custody remaining in authorised mental health services [s 74] (i) the person is subject to a treatment authority, 1 forensic order (mental health) or treatment support 2 order; or 3 (ii) the person consents to receiving treatment and care 4 for the person's mental illness in an inpatient unit 5 of an authorised mental health service. 6 (2) The person may remain in the inpatient unit of the authorised 7 mental health service to receive treatment and care for the 8 person's mental illness if all of the following have been made 9 for the person-- 10 (a) a recommendation in writing by the authorised doctor 11 for the person to receive treatment and care for the 12 person's mental illness in an inpatient unit of an 13 authorised mental health service; 14 (b) an administrator consent; 15 (c) a custodian consent. 16 (3) For subsection (2)(a), the authorised doctor may make the 17 recommendation only if satisfied the person may have a 18 mental illness and it is clinically appropriate for the person to 19 receive treatment and care for the person's mental illness in an 20 authorised mental health service. 21 (4) For subsection (2)(b), the administrator of an authorised 22 mental health service may, in the approved form, consent to 23 the person remaining in an inpatient unit of the authorised 24 mental health service to receive treatment and care for the 25 person's mental illness. 26 (5) The administrator may consent only if satisfied-- 27 (a) the authorised mental health service has capacity to 28 provide treatment and care for the person's mental 29 illness; and 30 (b) for an authorised mental health service that is not a high 31 security unit--that providing the treatment and care 32 would not pose an unreasonable risk to the safety of the 33 person or others having regard to-- 34 Page 88

Mental Health Bill 2015 Chapter 3 Persons in custody Part 3 Persons in custody remaining in authorised mental health services [s 74] (i) the person's mental state and psychiatric history; 1 and 2 (ii) the person's treatment and care needs; and 3 (iii) the security requirements for the person. 4 (6) For subsection (2)(c), the custodian of the person must, in the 5 approved form, consent to the person remaining in an 6 inpatient unit of the authorised mental health service to 7 receive treatment and care for the person's mental illness. 8 (7) However, subsection (6) does not apply if the custodian is 9 satisfied that providing the treatment and care would pose an 10 unreasonable risk to the safety of the person or others having 11 regard to the security requirements for the person. 12 (8) The authorised doctor may detain the person, under the order, 13 in the authorised mental health service for the period, of not 14 more than 7 days, reasonably necessary to obtain an 15 administrator consent and custodian consent for the person. 16 (9) When a person mentioned in subsection (1)(c)(i) starts 17 receiving treatment and care for the person's mental illness as 18 a classified patient in the inpatient unit of the authorised 19 mental health service-- 20 (a) if the category of the person's treatment authority, 21 forensic order (mental health) or treatment support order 22 is community--the category is changed to inpatient; and 23 (b) if limited community treatment has been authorised for 24 the person by an authorised doctor under section 52, 57, 25 209, 212 or 216--the authorisation is revoked; and 26 (c) if limited community treatment has been approved or 27 ordered by the Mental Health Court or tribunal--the 28 approval or order is of no effect while the person is 29 receiving treatment and care in the inpatient unit. 30 (10) Also, as soon as practicable after the person remains in the 31 inpatient unit of the authorised mental health service to 32 receive treatment and care for the person's mental illness, the 33 authorised doctor must-- 34 Page 89

Mental Health Bill 2015 Chapter 3 Persons in custody Part 4 Requirements applying when person in custody becomes classified patient [s 75] (a) tell the person of the making of the recommendation 1 under subsection (2)(a); and 2 (b) explain its effect to the person; and 3 (c) give the person a copy of the recommendation, if 4 requested. 5 (11) Subsection (10)(c) does not apply if the authorised doctor 6 considers giving the copy may adversely affect the health and 7 wellbeing of the person. 8 (12) In this section-- 9 administrator consent means consent given under subsection 10 (4). 11 custodian, of a person, means the custodian of the person 12 immediately before the making of an examination order or a 13 court examination order for the person. 14 custodian consent means consent given under subsection (6). 15 Part 4 Requirements applying when 16 person in custody becomes 17 classified patient 18 Note-- 19 See chapter 15, part 2 for the suspension of criminal proceedings against 20 a person who becomes a classified patient. 21 75 Notice and explanation to person in custody who 22 becomes classified patient 23 If a person in custody becomes a classified patient 24 (involuntary) or classified patient (voluntary), an authorised 25 doctor must explain to the person how this Act applies to the 26 person. 27 Page 90

Mental Health Bill 2015 Chapter 3 Persons in custody Part 4 Requirements applying when person in custody becomes classified patient [s 76] 76 Notice to chief psychiatrist of person in custody 1 becoming classified patient 2 As soon as practicable after a person in custody becomes a 3 classified patient, the administrator of the authorised mental 4 health service to which the person is transported must give the 5 chief psychiatrist written notice that the person is a classified 6 patient. 7 77 Notice to tribunal of minor in custody becoming 8 classified patient in high security unit 9 (1) This section applies if a person in custody who is a minor 10 becomes a classified patient in a high security unit. 11 (2) As soon as practicable after the minor becomes a classified 12 patient, the administrator of the high security unit must give 13 the tribunal written notice that the minor has been admitted to 14 the high security unit. 15 (3) If the minor stops being detained in the high security unit, the 16 administrator of the high security unit must, as soon as 17 practicable, give the tribunal written notice of that fact. 18 78 Examination of classified patient under s 201 19 In examining a classified patient under section 201, the 20 authorised doctor examining the patient must consider 21 whether it is clinically appropriate for the patient to receive 22 treatment and care for the patient's mental illness in an 23 inpatient unit of an authorised mental health service. 24 Note-- 25 See section 81 for the requirement to give notice to the chief psychiatrist 26 if the authorised doctor decides it is not clinically appropriate. 27 79 Classified patient (involuntary) may become classified 28 patient (voluntary) 29 (1) This section applies to-- 30 Page 91

Mental Health Bill 2015 Chapter 3 Persons in custody Part 4 Requirements applying when person in custody becomes classified patient [s 79] (a) a classified patient (involuntary) who is subject to a 1 recommendation for assessment, if the assessment 2 period for the patient ends and a treatment authority is 3 not made for the patient; or 4 (b) a classified patient (involuntary) who is subject to a 5 treatment authority, forensic order (mental health) or 6 treatment support order, if the authority or order is 7 revoked. 8 (2) Despite subsection (1)(b), this section does not apply if the 9 tribunal-- 10 (a) on revoking the forensic order (mental health), makes 11 either of the following for the patient-- 12 (i) a treatment support order under section 448; 13 (ii) a treatment authority under section 449(1)(b); or 14 (b) on revoking the treatment support order, makes a 15 treatment authority under section 449(1)(b) for the 16 patient. 17 (3) The person may be detained in an inpatient unit of an 18 authorised mental health service as a classified patient 19 (voluntary) if-- 20 (a) an authorised doctor or authorised mental health 21 practitioner is satisfied-- 22 (i) the person has, or may have, a mental illness; and 23 (ii) it is clinically appropriate for the person to receive 24 treatment and care for the person's mental illness 25 in an inpatient unit of an authorised mental health 26 service; and 27 (b) the person consents to receiving treatment and care for 28 the person's mental illness in an inpatient unit of an 29 authorised mental health service. 30 (4) The person may withdraw consent under subsection (3)(b) at 31 any time. 32 Page 92

Mental Health Bill 2015 Chapter 3 Persons in custody Part 5 Return to custody, or release from detention in authorised mental health service, of classified patient [s 80] Note-- 1 If the person withdraws consent, see sections 80 and 83. 2 (5) Subsection (4) does not prevent a treatment authority being 3 made under chapter 2 for the person. 4 80 Notice to chief psychiatrist if classified patient 5 (voluntary) withdraws consent 6 (1) This section applies if a person withdraws consent, under 7 section 67(4) or 79(4), to receiving treatment and care for the 8 person's mental illness in an inpatient unit of an authorised 9 mental health service. 10 (2) As soon as practicable after the person withdraws consent, an 11 authorised doctor must give the chief psychiatrist written 12 notice of the person's withdrawal of consent. 13 Note-- 14 See section 83 for the return of the classified patient to custody. 15 Part 5 Return to custody, or release 16 from detention in authorised 17 mental health service, of 18 classified patient 19 81 Notice to chief psychiatrist of notice event 20 (1) This section applies if any of the following happens (each a 21 notice event)-- 22 (a) for a person in custody who has become a classified 23 patient (involuntary) due to a recommendation for 24 assessment-- 25 (i) the assessment period for the person ends and a 26 treatment authority is not made for the person; and 27 Page 93

Mental Health Bill 2015 Chapter 3 Persons in custody Part 5 Return to custody, or release from detention in authorised mental health service, of classified patient [s 82] (ii) the person does not become a classified patient 1 (voluntary) under section 79; 2 (b) for a person in custody who has become a classified 3 patient (involuntary) due to a treatment authority, 4 forensic order (mental health) or treatment support 5 order-- 6 (i) the authority or order is revoked; and 7 (ii) the person does not become a classified patient 8 (voluntary) under section 79; 9 (c) for a person in custody who has become a classified 10 patient to receive treatment and care for the patient's 11 mental illness--an authorised doctor is satisfied it is not, 12 or is no longer, clinically appropriate for the person to 13 receive treatment and care for the patient's mental 14 illness in an inpatient unit of an authorised mental health 15 service. 16 (2) As soon as practicable after the notice event happens, an 17 authorised doctor must give the chief psychiatrist written 18 notice of the notice event. 19 (3) The notice must-- 20 (a) be in the approved form; and 21 (b) if the notice is about a notice event mentioned in 22 subsection (1)(c)--state the reasons the authorised 23 doctor is satisfied under that subsection. 24 (4) For a notice about a notice event mentioned in subsection 25 (1)(a) or (b), the authorised doctor must-- 26 (a) tell the classified patient of the notice; and 27 (b) explain its effect to the classified patient. 28 82 Chief psychiatrist may decide to return classified patient 29 to place of custody 30 (1) The chief psychiatrist, on receiving a notice about a notice 31 event mentioned in section 81(1)(c), may decide-- 32 Page 94

Mental Health Bill 2015 Chapter 3 Persons in custody Part 5 Return to custody, or release from detention in authorised mental health service, of classified patient [s 83] (a) it is not clinically appropriate for the classified patient to 1 receive treatment and care for the patient's mental 2 illness in an inpatient unit of an authorised mental health 3 service; and 4 (b) the classified patient should be returned under section 5 83 to a place of custody. 6 (2) Also, the chief psychiatrist may, on the chief psychiatrist's 7 own initiative, decide-- 8 (a) it is not clinically appropriate for a classified patient to 9 receive treatment and care for the patient's mental 10 illness in an inpatient unit of an authorised mental health 11 service; and 12 (b) the classified patient should be returned under section 13 83 to a place of custody. 14 (3) As soon as practicable after the chief psychiatrist makes a 15 decision under subsection (1) or (2), the chief psychiatrist 16 must give the administrator of the classified patient's treating 17 health service written notice of the decision. 18 (4) As soon as practicable after receiving a notice under 19 subsection (3), an authorised doctor for the classified patient's 20 treating health service must-- 21 (a) tell the classified patient of the decision; and 22 (b) explain its effect to the classified patient. 23 83 Return of classified patient to custody 24 (1) This section applies if any of the following happens (a return 25 event)-- 26 (a) the chief psychiatrist receives notice of a notice event 27 mentioned in section 81(1)(a) or (b) about a classified 28 patient; 29 (b) the chief psychiatrist decides under section 82(1) or (2) 30 that a classified patient should be returned to a place of 31 custody; 32 Page 95

Mental Health Bill 2015 Chapter 3 Persons in custody Part 5 Return to custody, or release from detention in authorised mental health service, of classified patient [s 83] (c) the chief psychiatrist receives notice under section 80 1 that a classified patient (voluntary) has withdrawn 2 consent to receiving treatment and care for the person's 3 mental illness in an inpatient unit of an authorised 4 mental health service and a treatment authority has not 5 been made for the person. 6 (2) As soon as practicable after the return event happens, the chief 7 psychiatrist must give written notice to the following persons 8 of the return event-- 9 (a) the custodian who gave the custodian consent for the 10 person (the first custodian); 11 (b) if the person is charged with an offence or awaiting 12 sentence on conviction for an offence--the chief 13 executive (justice). 14 (3) Within 1 day after receiving the notice, the first custodian 15 must make arrangements for an authorised person to transport 16 the person from the authorised mental health service-- 17 (a) to a place in which the person will be in the first 18 custodian's custody; or 19 (b) if the first custodian agrees with another person (the 20 second custodian) that the person should be transported 21 to a place in which the person will be in the second 22 custodian's custody--to the place in which the person 23 will be in the second custodian's custody. 24 (4) An authorised person may transport the person from the 25 authorised mental health service to the place in which the 26 person will be in the custody of the first custodian or second 27 custodian. 28 (5) The person stops being a classified patient when the person is 29 discharged from the authorised mental health service into the 30 custody of the first custodian or second custodian. 31 (6) As soon as practicable after the chief executive (justice) 32 receives a notice under subsection (2)(b) about a person, the 33 chief executive (justice) must give the following persons a 34 copy of the notice-- 35 Page 96

Mental Health Bill 2015 Chapter 3 Persons in custody Part 5 Return to custody, or release from detention in authorised mental health service, of classified patient [s 84] (a) the registrar of the court in which the proceeding for the 1 offence has been brought; 2 (b) the prosecuting authority for the offence; 3 (c) if the person is a child within the meaning of the Youth 4 Justice Act 1992--the chief executive (youth justice). 5 84 Person stops being classified patient if Mental Health 6 Court makes decision on reference 7 If a reference in relation to a person is made to the Mental 8 Health Court, the person stops being a classified patient in 9 relation to the reference when the Mental Health Court makes 10 a decision on the reference. 11 85 Release of classified patient 12 (1) This section applies if an event happens that means there is no 13 longer a reason for a classified patient to be in lawful custody 14 if the person were not a classified patient (a release event). 15 Examples of when there is no longer a reason for a classified patient to be 16 in lawful custody-- 17 • the person would be in lawful custody on a charge of an offence, 18 but the person has been granted bail or the prosecution of the charge 19 is discontinued 20 • the person would be in lawful custody awaiting sentence on 21 conviction for an offence, but the person has been sentenced to a 22 term of imprisonment which has been suspended or an order of 23 imprisonment has not been made 24 • the person would be in lawful custody serving a term of 25 imprisonment, but the person has been released on parole or the 26 term of imprisonment ends 27 (2) Within 1 day after the release event happens, the person's 28 custodian must give the administrator of the person's treating 29 health service written notice of the release event. 30 (3) Immediately after the administrator receives the notice-- 31 (a) the person stops being a classified patient; and 32 Page 97

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 1 Preliminary [s 86] (b) the administrator must not detain the person in the 1 treating health service as a classified patient. 2 (4) As soon as practicable after receiving the notice, the 3 administrator must give the chief psychiatrist written notice of 4 the release event. 5 (5) Subsection (3) does not limit a power under this Act to detain 6 a person in an authorised mental health service other than as a 7 classified patient. 8 Chapter 4 Psychiatrist reports for 9 serious offences 10 Part 1 Preliminary 11 86 Purpose of ch 4 12 The purpose of this chapter is to provide for the preparation of 13 a psychiatrist report and, in particular circumstances, a second 14 psychiatrist report, about a person charged with a serious 15 offence, other than an offence against a law of the 16 Commonwealth. 17 87 Definitions for ch 4 18 In this chapter-- 19 psychiatrist report, about a person in relation to a charge of a 20 serious offence, means a report prepared by an authorised 21 psychiatrist stating whether the authorised psychiatrist 22 considers the person-- 23 (a) may have been of unsound mind when the serious 24 offence was allegedly committed; or 25 Page 98

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 2 Psychiatrist report on request [s 88] (b) may be unfit for trial. 1 second psychiatrist report see section 100(2). 2 Part 2 Psychiatrist report on request 3 88 Application of pt 2 4 (1) This part applies to a person charged with a serious offence, 5 other than an offence against a law of the Commonwealth, 6 who, at the time of the alleged commission of the offence or 7 any time after the alleged commission of the offence but 8 before a court makes a final decision in the proceeding for the 9 offence, is subject to-- 10 (a) a treatment authority; or 11 (b) a forensic order under which a stated authorised mental 12 health service is responsible for the person; or 13 (c) a treatment support order. 14 (2) For subsection (1), it is immaterial if the authority or order is 15 revoked before the court makes a final decision in the 16 proceeding for the offence. 17 89 Administrator must explain effect of request 18 (1) As soon as practicable after the administrator of the person's 19 treating health service becomes aware this part applies to the 20 person, the administrator must-- 21 (a) tell the person a request may be made under this part for 22 a psychiatrist report about the person in relation to the 23 charge of the serious offence; and 24 (b) explain to the person the effect of a request if made. 25 (2) If the person is a minor, the administrator must also explain 26 the effect of a request to 1 or more of the minor's parents. 27 Page 99

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 2 Psychiatrist report on request [s 90] (3) Subsection (2) does not apply if explaining the effect to 1 or 1 more of the minor's parents does not appear to be in the 2 minor's best interests. 3 90 Request for psychiatrist report 4 The following persons may ask the chief psychiatrist for a 5 psychiatrist report about the person in relation to the charge of 6 the serious offence-- 7 (a) the person; 8 (b) the person's nominated support person, if the nominated 9 support person believes the request is in the person's 10 best interests; 11 (c) a personal guardian authorised to make decisions for the 12 person under the Guardianship and Administration Act 13 2000, if the request is within the guardian's authority; 14 (d) an attorney authorised to make decisions for personal 15 matters for the person under the Powers of Attorney Act 16 1998, if the request is within the attorney's authority; 17 (e) a parent of the person, if the person is a minor; 18 (f) the person's lawyer, if the person has given instructions 19 to the lawyer to make the request. 20 91 Direction to prepare psychiatrist report 21 (1) Within 7 days after receiving a request under section 90, the 22 chief psychiatrist must direct the administrator of the person's 23 treating health service to arrange for an authorised psychiatrist 24 to prepare a psychiatrist report about the person in relation to 25 the charge of the serious offence. 26 (2) However, the chief psychiatrist may decide not to give the 27 direction if a direction to prepare a psychiatrist report about 28 the person in relation to the serious offence has been 29 previously revoked under section 98. 30 Page 100

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 3 Psychiatrist report on chief psychiatrist's own initiative [s 92] (3) The direction may include a direction for the report to be 1 prepared about the person also in relation to an associated 2 offence. 3 (4) If the chief psychiatrist does not give a direction under 4 subsection (1), the chief psychiatrist must give the person 5 making the request a written statement explaining the reasons 6 for not giving the direction. 7 Part 3 Psychiatrist report on chief 8 psychiatrist's own initiative 9 92 Application of pt 3 10 This part applies to a person charged with a serious offence, 11 other than an offence against a law of the Commonwealth. 12 93 Direction to prepare psychiatrist report 13 (1) The chief psychiatrist may, on the chief psychiatrist's own 14 initiative-- 15 (a) direct the administrator of the person's treating health 16 service to arrange for an authorised psychiatrist to 17 prepare a psychiatrist report about the person in relation 18 to the charge of the serious offence; or 19 (b) direct an authorised psychiatrist to prepare a psychiatrist 20 report about the person in relation to the charge of the 21 serious offence. 22 (2) The chief psychiatrist may give the direction only if 23 satisfied-- 24 (a) the person may have a mental condition; and 25 (b) the person-- 26 Page 101

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 4 Preparation of psychiatrist reports [s 94] (i) may have been of unsound mind when the serious 1 offence was allegedly committed; or 2 (ii) may be unfit for trial; and 3 (c) the preparation of the psychiatrist report is in the public 4 interest. 5 (3) The direction may include a direction for the report to be 6 prepared about the person also in relation to an associated 7 offence. 8 94 Notice of direction 9 (1) As soon as practicable after giving the direction, the chief 10 psychiatrist must give the following persons written notice of 11 the direction-- 12 (a) the person; 13 (b) if an authorised mental health service is responsible for 14 the person--the administrator of the service. 15 (2) A notice given to a person under subsection (1)(a) must 16 include information about a support person accompanying the 17 person for the examination under section 97. 18 Part 4 Preparation of psychiatrist 19 reports 20 Note-- 21 See chapter 15, part 2 for the suspension of criminal proceedings against 22 a person in relation to whom a direction is given for a psychiatrist report 23 to be prepared. 24 Page 102

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 4 Preparation of psychiatrist reports [s 95] 95 Authorised psychiatrist must prepare psychiatrist report 1 (1) An authorised psychiatrist who is required under section 91(1) 2 or 93(1)(a), or directed under section 93(1)(b), to prepare a 3 psychiatrist report about a person in relation to a charge of a 4 serious offence must prepare the report within 60 days after 5 the requirement is made or the direction given. 6 (2) The chief psychiatrist may extend the period mentioned in 7 subsection (1) to not more than 90 days after the requirement 8 is made or the direction given. 9 (3) In preparing the psychiatrist report, the authorised psychiatrist 10 must-- 11 (a) examine the person; and 12 (b) obtain and consider health records for the person 13 relevant to the examination of the person; and 14 (c) consider any information obtained under section 96. 15 (4) Also, the authorised psychiatrist may obtain and consider any 16 other information the authorised psychiatrist considers 17 relevant to preparing the psychiatrist report. 18 (5) The psychiatrist report must include information about the 19 following-- 20 (a) the person's mental state and, to the extent practicable, 21 the person's mental state when the serious offence was 22 allegedly committed; 23 (b) whether the authorised psychiatrist considers the person 24 was of unsound mind when the serious offence was 25 allegedly committed; 26 (c) whether the authorised psychiatrist considers the person 27 is fit for trial; 28 (d) if the authorised psychiatrist considers the person is 29 unfit for trial--whether the authorised psychiatrist 30 considers the unfitness for trial is permanent. 31 Page 103

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 4 Preparation of psychiatrist reports [s 96] (6) Also, the psychiatrist report may include information about 1 the matters mentioned in subsection (5) in relation to an 2 associated offence. 3 (7) The authorised psychiatrist must give the chief psychiatrist a 4 copy of the report as soon as practicable after it is prepared. 5 96 Information from prosecuting authority 6 (1) This section applies to-- 7 (a) an administrator of an authorised mental health service 8 who is directed under section 91(1) or 93(1)(a) to 9 arrange for the preparation of a psychiatrist report about 10 a person in relation to a charge of a serious offence; or 11 (b) an authorised psychiatrist who is required under section 12 91(1) or 93(1)(a), or directed under section 93(1)(b), to 13 prepare a psychiatrist report about a person in relation to 14 a charge of a serious offence. 15 (2) The administrator or authorised psychiatrist may ask the 16 prosecuting authority for the serious offence or associated 17 offence to which the report relates to give the administrator or 18 authorised psychiatrist copies of the documents mentioned in 19 schedule 3, definition brief of evidence, paragraph (a) relating 20 to the offence. 21 (3) The prosecuting authority must comply with the request as 22 soon as practicable. 23 (4) Subsection (2) does not apply to information contained in a 24 document if the prosecuting authority considers-- 25 (a) giving the information could reasonably be expected 26 to-- 27 (i) prejudice the investigation of a contravention or 28 possible contravention of a law in a particular case; 29 or 30 (ii) prejudice an investigation under the Coroners Act 31 2003; or 32 Page 104

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 4 Preparation of psychiatrist reports [s 96] (iii) enable the existence or identity of a confidential 1 source of information, in relation to the 2 enforcement or administration of a law, to be 3 ascertained; or 4 (iv) endanger a person's life, health or safety; or 5 (v) prejudice the effectiveness of a lawful method or 6 procedure for preventing, detecting, investigating 7 or dealing with a contravention or possible 8 contravention of a law; and 9 (b) it would not be in the public interest to give the 10 information. 11 (5) Also, subsection (2) does not apply to information, contained 12 in a document-- 13 (a) that is sensitive evidence under the Criminal Code, 14 section 590AF; or 15 (b) that the prosecution would be prevented under another 16 Act or law from giving to the accused person or a lawyer 17 acting for the accused person during a proceeding for 18 the offence; or 19 (c) identifying witnesses to the alleged commission of the 20 offence; or 21 (d) consisting of contact details for witnesses to the alleged 22 commission of the offence. 23 (6) The duty imposed on the prosecuting authority to comply with 24 the request applies only to documents in the possession of the 25 prosecuting authority or to which the prosecuting authority 26 has access. 27 (7) In complying with the request, the prosecuting authority may 28 delete from a copy of a document given to the administrator or 29 authorised psychiatrist any information mentioned in 30 subsection (4) or (5). 31 Example-- 32 If a document includes the name of a witness to the alleged commission 33 of the offence, or information from which the witness could be 34 Page 105

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 4 Preparation of psychiatrist reports [s 97] identified, the prosecuting authority may delete the name or information 1 from a copy of the document given to the administrator or authorised 2 psychiatrist. 3 97 Support person 4 (1) A person being examined for a psychiatrist report may be 5 accompanied by a support person, including, for example, a 6 nominated support person, lawyer or personal guardian. 7 (2) A support person must not interfere with the examination. 8 98 Person must participate in examination in good 9 faith--report on request 10 (1) If a psychiatrist report about a person is being prepared on a 11 request under section 90, the person and any support person 12 must participate in an examination for the psychiatrist report 13 in good faith. 14 Examples of participating in an examination in good faith-- 15 • attending appointments in relation to the examination 16 • answering questions during the examination 17 • allowing access to the person's health records 18 (2) If the authorised psychiatrist preparing the psychiatrist report 19 is satisfied the person or support person is not participating in 20 the examination in good faith, the authorised psychiatrist must 21 give the administrator of the authorised mental health service 22 who appointed the psychiatrist written notice of the 23 psychiatrist's belief. 24 (3) If the administrator receives a notice under subsection (2), the 25 administrator may decide to revoke the direction to prepare 26 the psychiatrist report. 27 (4) However, before revoking the direction, the administrator 28 must-- 29 (a) give the person the subject of the examination a written 30 notice (a show cause notice) stating the following-- 31 Page 106

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 4 Preparation of psychiatrist reports [s 99] (i) that the administrator proposes to revoke the 1 direction to prepare the psychiatrist report (the 2 proposed action); 3 (ii) the grounds for the proposed action; 4 (iii) the facts and circumstances forming the basis for 5 the grounds; 6 (iv) that the person may make submissions about the 7 show cause notice to the administrator; 8 (v) a day and time within which submissions must be 9 made; and 10 (b) consider any submissions given in response to the show 11 cause notice. 12 (5) If the administrator revokes the direction, the administrator 13 must give the following persons written notice of the 14 revocation-- 15 (a) the person the subject of the examination; 16 (b) the person who made the request under section 90; 17 (c) the chief psychiatrist. 18 99 Person must attend examination--report on chief 19 psychiatrist's initiative 20 (1) If a psychiatrist report about a person is being prepared on the 21 chief psychiatrist's own initiative under section 93, the person 22 must attend for an examination. 23 (2) If the person is not an inpatient of an authorised mental health 24 service, the chief psychiatrist must give the person a written 25 notice directing the person to attend at a stated authorised 26 mental health service within a stated period, of not more than 27 28 days, after the notice is given. 28 Note-- 29 See chapter 11, part 6, division 3 for the powers that may be used in 30 relation to a person who does not comply with a direction under 31 subsection (2). 32 Page 107

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 5 References by chief psychiatrist [s 100] 100 Second psychiatrist report 1 (1) This section applies if the chief psychiatrist considers the 2 matters in a psychiatrist report about a person in relation to a 3 charge of a serious offence (the first psychiatrist report) 4 require further examination, including, for example, because 5 of the complexity of the matters in the report. 6 (2) The chief psychiatrist may-- 7 (a) direct the administrator of the person's treating health 8 service to arrange for an authorised psychiatrist to 9 prepare another psychiatrist report (a second 10 psychiatrist report) about the person in relation to the 11 charge of the serious offence; or 12 (b) direct an authorised psychiatrist to prepare a psychiatrist 13 report (also a second psychiatrist report) about the 14 person in relation to the charge of the serious offence. 15 (3) The direction to prepare the second psychiatrist report must be 16 given within 7 days after the chief psychiatrist receives the 17 first psychiatrist report. 18 (4) The direction to prepare the second psychiatrist report may 19 include a direction for the second psychiatrist report to be 20 prepared about the person also in relation to an associated 21 offence. 22 (5) Sections 95 to 99 apply to the second psychiatrist report as if a 23 reference in the sections to a psychiatrist report were a 24 reference to the second psychiatrist report. 25 Part 5 References by chief 26 psychiatrist 27 101 Reference by chief psychiatrist to Mental Health Court 28 (1) This section applies if-- 29 Page 108

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 5 References by chief psychiatrist [s 101] (a) a psychiatrist report, or second psychiatrist report, about 1 a person in relation to a charge of a serious offence has 2 been prepared; and 3 (b) the chief psychiatrist is satisfied-- 4 (i) the person may have been of unsound mind when 5 the serious offence was allegedly committed or 6 may be unfit for trial; and 7 (ii) having regard to the report and the protection of 8 the community, there is a compelling reason in the 9 public interest for the person's mental state in 10 relation to the serious offence to be referred to the 11 Mental Health Court; and 12 (c) the person's mental state in relation to the serious 13 offence has not been referred to the Mental Health Court 14 under section 110. 15 (2) The chief psychiatrist may, in the way set out in section 111, 16 refer the matter of the person's mental state in relation to the 17 serious offence to the Mental Health Court. 18 (3) The reference must be made-- 19 (a) for a psychiatrist report prepared on a request under 20 section 90 and if a second psychiatrist report is not 21 directed under section 100--within 28 days after a copy 22 of the psychiatrist report is given to the person making 23 the request; or 24 (b) for a psychiatrist report prepared on the chief 25 psychiatrist's own initiative under section 93 and if a 26 second psychiatrist report is not directed under section 27 100--within 28 days after the chief psychiatrist receives 28 a copy of the psychiatrist report; or 29 (c) if a second psychiatrist report is prepared under section 30 100--within 28 days after the chief psychiatrist receives 31 a copy of the second psychiatrist report. 32 (4) The reference may include a reference of the person's mental 33 state in relation to an associated offence. 34 Page 109

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 6 Miscellaneous [s 102] (5) The chief psychiatrist may, within the period mentioned in 1 subsection (3), extend the period to not more than 4 months 2 after the period would otherwise end if the chief psychiatrist 3 considers the person is unfit for trial but may be fit for trial 4 within the extended period. 5 Part 6 Miscellaneous 6 102 Copies of reports 7 (1) The chief psychiatrist must give a copy of a psychiatrist 8 report, or second psychiatrist report, about a person in relation 9 to a charge of a serious offence to-- 10 (a) the person; and 11 (b) the administrator of the person's treating health service; 12 and 13 (c) for a psychiatrist report prepared on a request under 14 section 90 (the first psychiatrist report) or a second 15 psychiatrist report relating to the first psychiatrist 16 report--the person who made the request. 17 (2) However, for subsection (1)(a), if the chief psychiatrist is 18 satisfied that giving a copy of a psychiatrist report, or second 19 psychiatrist report, to the person the subject of the report may 20 adversely affect the person's health and wellbeing, the chief 21 psychiatrist may instead give a copy of the report to another 22 person who the chief psychiatrist considers has a sufficient 23 interest in the person's health and wellbeing. 24 Examples of a person who may have a sufficient interest in the person's 25 health and wellbeing-- 26 the person's nominated support person, a lawyer acting for the person, 27 or the person's personal guardian 28 (3) A psychiatrist report must be given under subsection (1)-- 29 Page 110

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 6 Miscellaneous [s 103] (a) if a second psychiatrist report is not directed--within 7 1 days after receiving the psychiatrist report; or 2 (b) if a second psychiatrist report is directed--within 7 days 3 after receiving the second psychiatrist report. 4 (4) A second psychiatrist report must be given under subsection 5 (1) within 7 days after receiving the second psychiatrist 6 report. 7 (5) If the matter of the person's mental state relating to the serious 8 offence is referred to the Mental Health Court, the chief 9 psychiatrist must give a copy of a psychiatrist report, or 10 second psychiatrist report, about the person to the Mental 11 Health Court. 12 (6) Subject to subsection (2) and (5), the chief psychiatrist must 13 not give a copy of a psychiatrist report, or second psychiatrist 14 report, to anyone else without the consent of-- 15 (a) the person the subject of the report; or 16 (b) the personal guardian or attorney of the person the 17 subject of the report, if giving the consent is within the 18 guardian's or attorney's authority. 19 103 Chapter stops applying to person if prosecution for 20 offence discontinued 21 If action is taken under this chapter in relation to a person 22 charged with a serious offence or associated offence and the 23 prosecution of the person for the offence is discontinued, this 24 chapter stops applying to the person in relation to the offence. 25 104 Application of chapter to person with intellectual 26 disability 27 If a person has, or may have, an intellectual disability, without 28 limiting the application of this chapter to the person, the 29 chapter also applies to the person as if-- 30 Page 111

Mental Health Bill 2015 Chapter 4 Psychiatrist reports for serious offences Part 6 Miscellaneous [s 104] (a) a reference to an authorised mental health service were a 1 reference to the forensic disability service; and 2 (b) a reference to the chief psychiatrist were a reference to 3 the director of forensic disability; and 4 (c) a reference to a psychiatrist report, or second 5 psychiatrist report, were a reference to a report prepared 6 by a senior practitioner appointed under the Forensic 7 Disability Act after an assessment of the person; and 8 (d) a reference to the administrator of a person's treating 9 health service were a reference to the administrator of 10 the forensic disability service; and 11 (e) a reference to an authorised psychiatrist were a 12 reference to a senior practitioner under the Forensic 13 Disability Act; and 14 (f) a reference in section 93(2)(a) to the chief psychiatrist 15 being satisfied that a person may have a mental 16 condition were a reference to the director of forensic 17 disability being satisfied that a person may have an 18 intellectual disability; and 19 (g) a reference in section 99(2) to an inpatient of an 20 authorised mental health service were a reference to a 21 forensic disability client who is subject to a forensic 22 order (disability) that has a category of inpatient. 23 Page 112

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 1 Preliminary [s 105] Chapter 5 Mental Health Court 1 references 2 Note-- 3 See chapter 16, part 1 in relation to the procedure for proceedings in the 4 Mental Health Court. 5 Part 1 Preliminary 6 105 Purpose of ch 5 7 The purpose of this chapter is to provide for-- 8 (a) the making of references to the Mental Health Court in 9 relation to the mental state of persons charged with 10 serious offences; and 11 (b) the hearing of references-- 12 (i) made under chapter 4, or this chapter, in relation to 13 persons charged with serious offences; or 14 (ii) made under chapter 6 in relation to persons 15 charged with indictable offences; and 16 (c) the decisions the court may make on a reference, 17 including the making of a forensic order or treatment 18 support order; and 19 (d) the admissibility and use of evidence, victim impact 20 statements and other matters. 21 106 Definitions for ch 5 22 In this chapter-- 23 associated offence see section 107. 24 diminished responsibility see section 108. 25 offence, in relation to a reference, means each alleged offence 1 mentioned in the notice of the reference filed under section 2 Page 113

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 1 Preliminary [s 107] 111, 176 or 184. 3 reference, in relation to a person, means a reference to the 4 Mental Health Court, made under section 101, 110, 175 or 5 183, of the person's mental state relating to an offence the 6 person is alleged to have committed. 7 unsound mind see section 109. 8 107 Meaning of associated offence 9 An associated offence, in relation to an indictable offence 10 with which a person is charged, means an offence, other than 11 an offence against a law of the Commonwealth, that the 12 person is alleged to have committed at or about the same time 13 as the indictable offence. 14 108 Meaning of diminished responsibility 15 A person is of diminished responsibility if the person has a 16 state of abnormality of mind described in the Criminal Code, 17 section 304A(1). 18 109 Meaning of unsound mind 19 (1) Unsound mind means-- 20 (a) a state of mental disease or natural mental infirmity 21 described in the Criminal Code, section 27(1); or 22 (b) a state of mind described in the Criminal Code, section 23 28(1) for which the Criminal Code, section 27(1) 24 applies to a person. 25 (2) However, unsound mind does not include a state of mind 26 resulting, to any extent, from intentional intoxication or 27 stupefaction alone or in combination with some other agent at 28 or about the time of the alleged offence. 29 Page 114

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 2 Making of references by particular persons [s 110] Part 2 Making of references by 1 particular persons 2 110 When reference may be made 3 (1) This section applies if-- 4 (a) a person is charged with a serious offence, other than an 5 offence against a law of the Commonwealth; and 6 (b) a relevant person has reasonable cause to believe the 7 person mentioned in paragraph (a)-- 8 (i) was of unsound mind when the offence was 9 allegedly committed; or 10 (ii) is unfit for trial. 11 (2) This section also applies if-- 12 (a) a person is charged with the offence of murder; and 13 (b) a relevant person has reasonable cause to believe the 14 person mentioned in paragraph (a) was of diminished 15 responsibility when the offence was allegedly 16 committed. 17 (3) The relevant person may, in the way set out in section 111, 18 refer the matter of the person's mental state in relation to the 19 serious offence to the Mental Health Court. 20 (4) A reference of a person's mental state in relation to a serious 21 offence may include a reference of the person's mental state 22 in relation to an associated offence. 23 (5) In this section-- 24 relevant person, in relation to a person alleged to have 25 committed an offence, means any of the following-- 26 (a) the person; 27 (b) the person's lawyer; 28 (c) the director of public prosecutions. 29 Page 115

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 2 Making of references by particular persons [s 111] Note-- 1 A reference in relation to a person may also be made by the 2 following-- 3 • the chief psychiatrist or director of forensic disability under section 4 101 5 • a Magistrates Court under section 175 6 • the Supreme Court or District Court under section 183. 7 111 How reference is made 8 (1) A reference under section 110 in relation to a person is made 9 by filing a notice of the reference in the approved form in the 10 registry. 11 (2) The notice must state each offence in relation to which the 12 person's mental state is referred. 13 (3) The notice must be accompanied by a copy of any psychiatrist 14 report or other clinical report in relation to the person that is 15 relevant to the reference and in the possession of the person 16 making the reference. 17 Example-- 18 a psychiatrist report prepared under chapter 4 19 (4) Subsection (3) applies even if giving the copy of the report 20 would disclose information adverse to the case of the person. 21 (5) The person who made the reference may amend it with the 22 leave of the Mental Health Court. 23 Example of an amendment of the reference-- 24 including another offence in the reference 25 Page 116

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 3 Proceedings for references [s 112] Part 3 Proceedings for references 1 Note-- 2 See chapter 15, part 2 for the suspension of criminal proceedings against 3 a person in relation to whom a reference is made to the Mental Health 4 Court. 5 Division 1 Preliminary 6 112 Application of pt 3 7 This part applies to a reference in relation to a person made 8 under section 101, 110, 175 or 183. 9 Division 2 Notice requirements etc. 10 113 Notice of reference 11 (1) The registrar must, as soon as practicable after the reference is 12 made, give each of the following persons written notice of the 13 reference and of the suspension of the proceeding for the 14 offence under chapter 15, part 2-- 15 (a) the person the subject of the reference or, if known, the 16 person's lawyer; 17 (b) the director of public prosecutions; 18 (c) the chief psychiatrist; 19 (d) the chief executive (justice); 20 (e) the director of forensic disability; 21 (f) if the person the subject of the reference is a child within 22 the meaning of the Youth Justice Act 1992--the chief 23 executive (youth justice); 24 Page 117

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 3 Proceedings for references [s 114] (g) if known, any nominated support person, personal 1 guardian or attorney for the person the subject of the 2 reference. 3 (2) The chief executive (justice) must, as soon as practicable after 4 receiving the notice mentioned in subsection (1), give both of 5 the following persons written notice of the reference and of 6 the suspension of the proceeding for the offence under chapter 7 15, part 2-- 8 (a) the registrar of the court in which the proceeding for the 9 offence has been brought; 10 (b) if the prosecuting authority for the offence is not the 11 director of public prosecutions--the prosecuting 12 authority for the offence. 13 114 Parties to proceeding 14 (1) The parties to the proceeding for the reference are-- 15 (a) the person the subject of the reference; and 16 (b) the director of public prosecutions; and 17 (c) the chief psychiatrist. 18 (2) If the person has an intellectual disability-- 19 (a) the director of forensic disability may elect to be a party 20 to the proceeding; and 21 (b) if the director of forensic disability makes an election 22 under paragraph (a), the chief psychiatrist may elect not 23 to be a party to the proceeding. 24 (3) An election made under subsection (2) by the director of 25 forensic disability or the chief psychiatrist must be made by 26 filing a notice in the registry. 27 115 Notice of hearing 28 (1) The registrar must give each of the following persons written 29 notice of the hearing of the proceeding for the reference-- 30 Page 118

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 3 Proceedings for references [s 116] (a) each party to the proceeding; 1 (b) if an authorised mental health service is responsible for 2 the person the subject of the reference--the 3 administrator of the service; 4 (c) if the forensic disability service is responsible for the 5 person the subject of the reference--the administrator of 6 the service; 7 (d) if the person the subject of the reference is in lawful 8 custody--the person's custodian. 9 (2) The registrar must give the notice at least 7 days before the 10 hearing. 11 (3) The notice must state the following-- 12 (a) the time and place of the hearing; 13 (b) the nature of the hearing; 14 (c) the rights at the hearing of the person the subject of the 15 reference. 16 Division 3 Particular decisions 17 116 Decision about unsoundness of mind and diminished 18 responsibility 19 (1) On hearing the proceeding for the reference, the Mental 20 Health Court must decide-- 21 (a) whether the person was of unsound mind when the 22 offence was allegedly committed; and 23 (b) if the person is alleged to have committed the offence of 24 murder and the court decides the person was not of 25 unsound mind when the offence was allegedly 26 committed--whether the person was of diminished 27 responsibility when the offence was allegedly 28 committed. 29 (2) This section is subject to section 117. 30 Page 119

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 3 Proceedings for references [s 117] 117 Substantial dispute about whether person committed 1 offence 2 (1) The Mental Health Court may not make a decision under 3 section 116(1)(a) or (b) if the court is satisfied there is a 4 substantial dispute about whether the person committed the 5 offence as particularised (the disputed offence). 6 (2) However, subsection (1) does not apply if the dispute exists 7 only because of 1 or both of the following-- 8 (a) the person's mental condition; 9 (b) the operation of the Criminal Code, section 304, 304A 10 or 304B. 11 (3) If elements of the disputed offence are elements of another 12 offence (the alternative offence) and there is not a substantial 13 dispute about whether the person committed the alternative 14 offence, subsection (1) does not prevent the court making a 15 decision under section 116(1)(a) for the alternative offence. 16 (4) If the court decides the person was of unsound mind when the 17 alternative offence was committed, the proceeding against the 18 person for the disputed offence is discontinued. 19 (5) In this section-- 20 particularised, for an offence with which a person is charged, 21 means particularised in the bench charge sheet, complaint, 22 notice to appear or indictment containing the charge against 23 the person. 24 118 Decision about fitness for trial 25 (1) This section applies if-- 26 (a) the Mental Health Court decides the person was not of 27 unsound mind when the offence was allegedly 28 committed; or 29 (b) because of section 117, the court may not decide 30 whether the person was of unsound mind when the 31 offence was allegedly committed. 32 Page 120

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 3 Proceedings for references [s 119] (2) The court must decide whether the person is fit for trial. 1 (3) If the court decides the person is unfit for trial, the court must 2 also decide whether the unfitness for trial is permanent. 3 (4) This section does not apply if, under section 117(4), the 4 proceeding against the person for the offence is discontinued. 5 Division 4 Procedural provisions 6 119 Unsound mind--discontinuance of proceeding 7 (1) If the Mental Health Court decides the person was of unsound 8 mind when the offence was allegedly committed-- 9 (a) the proceeding against the person for the offence is 10 discontinued; and 11 (b) further proceedings may not be taken against the person 12 for the act or omission constituting the offence. 13 (2) Despite the court's decision, the person may elect to be tried 14 for the offence. 15 (3) The election must be made by giving the director of public 16 prosecutions written notice of the election within 28 days after 17 the person receives written notice of the court's decision. 18 (4) The director of public prosecutions must, within 7 days after 19 receiving the notice of the person's election, give written 20 notice of the person's election to-- 21 (a) if an authorised mental health service is responsible for 22 the person--the chief psychiatrist; or 23 (b) if the forensic disability service is responsible for the 24 person--the director of forensic disability. 25 (5) If a forensic order or treatment support order is made for the 26 person under part 4, the order continues in force until a final 27 decision is made in the proceeding against the person for the 28 offence. 29 Page 121

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 3 Proceedings for references [s 120] (6) The director of public prosecutions must ensure the 1 proceeding against the person for the offence is continued 2 according to law within 28 days after receiving the notice of 3 the person's election. 4 120 Diminished responsibility--discontinuance of 5 proceeding 6 (1) If the person was charged with the offence of murder and the 7 Mental Health Court decides the person was of diminished 8 responsibility when the offence was allegedly committed, the 9 proceeding against the person for the offence of murder is 10 discontinued. 11 (2) However, the proceeding may be continued against the person 12 for another offence constituted by the act or omission to 13 which the proceeding for the offence of murder relates. 14 121 Temporary unfitness for trial--stay of proceeding 15 (1) This section applies if the Mental Health Court decides the 16 person is unfit for trial and the unfitness for trial is not 17 permanent. 18 (2) The proceeding for the offence is stayed until, on a review 19 under chapter 12, part 6, the tribunal decides the person is fit 20 for trial. 21 122 Permanent unfitness for trial--discontinuance of 22 proceeding 23 If the Mental Health Court decides the person is unfit for trial 24 and the unfitness for trial is permanent-- 25 (a) the proceeding against the person for the offence is 26 discontinued; and 27 (b) further proceedings may not be taken against the person 28 for the act or omission constituting the offence. 29 Page 122

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 3 Proceedings for references [s 123] 123 Fit for trial--continuation of proceeding 1 If the Mental Health Court decides the person is fit for trial, 2 the court must order that the proceeding against the person for 3 the offence be continued according to law. 4 124 Related orders if person fit for trial 5 (1) If the Mental Health Court orders that the proceeding against 6 the person for the offence be continued, the court may order 7 that-- 8 (a) either-- 9 (i) the person be remanded in custody and any bail 10 granted under the Bail Act 1980 for the person be 11 revoked; or 12 (ii) bail be granted, enlarged or varied under the Bail 13 Act 1980 for the person; or 14 (b) the person be detained in a stated authorised mental 15 health service until the person is-- 16 (i) granted bail under the Bail Act 1980; or 17 (ii) brought before a court for continuing the 18 proceeding. 19 Note-- 20 An order made under paragraph (b) is a type of judicial order. A 21 judicial order does not authorise the provision of involuntary 22 treatment and care to the person. 23 (2) For subsection (1)(b), an authorised person may transport the 24 person to-- 25 (a) an inpatient unit of the authorised mental health service 26 stated in the order; or 27 (b) for the continuation of the proceeding against the person 28 for the offence--the court in which the proceeding is 29 being heard. 30 Page 123

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 3 Proceedings for references [s 125] Note-- 1 For the powers of an authorised person when detaining and transporting 2 a person, see chapter 11, part 6, division 5. 3 (3) The administrator of the authorised mental health service 4 stated in the order may detain the person in the service under 5 the order. 6 (4) Also, subsection (5) applies if-- 7 (a) the court has made an order under subsection (1)(b) for 8 the person; and 9 (b) for continuing the proceeding against the person for the 10 offence, the person appears before the court in which the 11 proceeding is being heard by remote conferencing while 12 remaining at the authorised mental health service stated 13 in the order; and 14 (c) the court does not grant the person bail under the Bail 15 Act 1980. 16 (5) The administrator of the authorised mental health service may 17 detain the person in the service until the person is taken into 18 custody. 19 Division 5 Withdrawal of particular references 20 125 Application of div 5 21 This division applies to a reference in relation to a person 22 made under section 101 or 110. 23 126 Application to withdraw reference 24 (1) At any time before the Mental Health Court decides the 25 reference, the person who made the reference may apply to 26 the court to withdraw the reference. 27 (2) The application must be made by-- 28 (a) filing a notice in the approved form with the registrar; or 29 Page 124

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 3 Proceedings for references [s 127] (b) making an oral submission at the hearing of the 1 proceeding for the reference. 2 127 Notices if application to withdraw filed 3 (1) The registrar must-- 4 (a) within 7 days after the notice of the application to 5 withdraw the reference is filed, give written notice of the 6 application to the other parties to the proceeding; and 7 (b) at least 7 days before the hearing of the application, give 8 the parties written notice of the hearing of the 9 application. 10 (2) The notice of the hearing must state the following-- 11 (a) the time and place of the hearing; 12 (b) the nature of the hearing; 13 (c) the parties' rights to be represented at the hearing. 14 Note-- 15 See section 681 in relation to representation at the hearing. 16 128 Decision on application 17 (1) The Mental Health Court must grant the application or refuse 18 to grant it. 19 (2) However, the court may refuse to grant the application only if 20 it considers the withdrawal of the reference would be contrary 21 to the interests of justice. 22 Page 125

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 129] Part 4 Forensic orders and treatment 1 support orders 2 Division 1 Preliminary 3 129 Definition for pt 4 4 In this part-- 5 relevant unlawful act, in relation to a reference, means the 6 unlawful act or omission that constitutes the offence to which 7 the reference relates. 8 130 Explanation about operation of forensic orders and 9 treatment support orders 10 (1) Under this part, the Mental Health Court may, on a reference 11 in relation to a person, make the following types of orders-- 12 (a) a forensic order (mental health) or forensic order 13 (disability)--see division 2; 14 (b) a treatment support order--see division 3. 15 Note-- 16 See section 151 for the matters authorised under a forensic order 17 (mental health) or treatment support order. See section 152 for the 18 matters authorised under a forensic order (disability). 19 (2) A forensic order (mental health) operates in a way that is more 20 restrictive of a person's rights and liberties than a treatment 21 support order. 22 Examples-- 23 1 The Mental Health Court may decide the category of a forensic 24 order (mental health) is community only if the court considers there 25 is not an unacceptable risk to the safety of the community. 26 2 The court may decide the category of a treatment support order is 27 inpatient only if the court considers the person's treatment and care 28 needs, the safety and welfare of the person, or the safety of others, 29 can not reasonably be met if the category of the order is community. 30 Page 126

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 131] 3 An authorised doctor may authorise treatment in the community for 1 a person subject to a forensic order (mental health) only to the 2 extent approved by the court or the tribunal. 3 4 An authorised doctor may authorise treatment in the community for 4 a person subject to a treatment support order, subject only to the 5 court or the tribunal deciding whether the authorised doctor may 6 reduce the extent of treatment in the community received by the 7 person. 8 5 Requirements imposed under a policy made by the chief 9 psychiatrist may be more onerous for a person subject to a forensic 10 order (mental health) than a person subject to a treatment support 11 order. 12 131 Orders if unsound mind or permanent unfitness for trial 13 (1) This section applies if, on a reference in relation to a person, 14 the Mental Health Court decides the person-- 15 (a) was of unsound mind when the offence was allegedly 16 committed; or 17 (b) is unfit for trial and the unfitness for trial is permanent. 18 (2) The court must make the order required under division 2 or 3 19 for the person. 20 (3) However, if the court is not required under division 2 or 3 to 21 make an order for the person, the court may make no order for 22 the person. 23 132 Orders if temporary unfitness for trial 24 (1) This section applies if, on a reference in relation to a person, 25 the Mental Health Court decides the person is unfit for trial 26 and the unfitness for trial is not permanent. 27 (2) The court must make an order for the person under division 2 28 or 3. 29 Page 127

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 133] 133 Matters to which Mental Health Court must have regard 1 (1) In making a decision under this part in relation to an order for 2 a person, the Mental Health Court must have regard to the 3 following-- 4 (a) the relevant circumstances of the person; 5 (b) the nature of the offence to which the reference relates 6 and the period of time that has passed since the offence 7 was allegedly committed; 8 (c) any victim impact statement produced by the 9 prosecuting authority for the offence under part 5, 10 division 3. 11 Examples of decisions under this part in relation to an order-- 12 • deciding whether a forensic order or treatment support order is 13 necessary 14 • deciding the category of the order 15 • deciding whether the person is to receive any treatment in the 16 community 17 • deciding the conditions, if any, to impose on the order 18 (2) Subsection (1) does not limit any other provision of this part 19 that requires the court to have regard to a stated matter. 20 Division 2 Forensic orders 21 Subdivision 1 Making of forensic orders 22 134 Requirements for making forensic order 23 (1) The Mental Health Court must make an order (a forensic 24 order (mental health) or forensic order (disability)) for the 25 person if the court considers a forensic order is necessary, 26 because of the person's mental condition, to protect the safety 27 of the community, including from the risk of serious harm to 28 other persons or property. 29 Page 128

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 135] Note-- 1 If the court does not consider a forensic order is necessary, see division 2 3 in relation to the making of a treatment support order. 3 (2) In deciding whether a forensic order is necessary, the court 4 must have regard to the policies mentioned in section 5 303(1)(e) and (f). 6 (3) If the court makes a forensic order for the person, the order 7 must be-- 8 (a) a forensic order (mental health) if the court considers-- 9 (i) the person's unsoundness of mind was, or unfitness 10 for trial is, because of a mental condition other 11 than an intellectual disability; or 12 (ii) the person has a dual disability and needs 13 involuntary treatment and care for the person's 14 mental illness, as well as care for the person's 15 intellectual disability; or 16 (b) a forensic order (disability) if the court considers-- 17 (i) the person's unsoundness of mind was, or unfitness 18 for trial is, because of an intellectual disability; and 19 (ii) the person needs care for the person's intellectual 20 disability but does not need treatment and care for 21 any mental illness. 22 (4) Subsection (3)(a)(ii) applies regardless of the basis on which 23 the court decides the person was of unsound mind when the 24 offence was allegedly committed, or is unfit for trial. 25 135 Conditions 26 (1) The Mental Health Court may, in a forensic order for a person, 27 impose the conditions it considers appropriate. 28 (2) Without limiting subsection (1), the court may impose a 29 condition that the person must not contact a stated person, 30 including, for example, a victim of the relevant unlawful act. 31 Page 129

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 136] (3) However, the court may not impose a condition requiring the 1 person to take a particular medication or a particular dosage of 2 a medication. 3 136 Recommendations about intervention programs 4 The Mental Health Court may, in a forensic order for a person, 5 make the recommendations it considers appropriate about 6 particular intervention programs that a stated authorised 7 mental health service or the forensic disability service should 8 provide for the person. 9 Examples of intervention programs-- 10 drug and alcohol programs, anger management counselling programs, 11 sexual offender programs 12 137 Non-revocation period 13 (1) This section applies if, on a reference in relation to a person 14 charged with a prescribed offence, the Mental Health Court-- 15 (a) decides the person-- 16 (i) was of unsound mind when the offence was 17 allegedly committed; or 18 (ii) is unfit for trial and the unfitness for trial is 19 permanent; and 20 (b) makes a forensic order for the person. 21 (2) The court may state in the order a period of not more than 10 22 years (the non-revocation period) during which the tribunal 23 may not revoke the order, other than under section 455. 24 (3) In deciding the non-revocation period, the court must have 25 regard to the object of this Act in relation to protecting the 26 community. 27 Page 130

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 138] Subdivision 2 Treatment in the community 1 138 Mental Health Court to decide category 2 (1) If the Mental Health Court decides to make a forensic order 3 for a person, the court must also decide the category of the 4 order. 5 (2) The court may decide the category of the order is community 6 only if the court considers there is not an unacceptable risk to 7 the safety of the community, because of the person's mental 8 condition, including the risk of serious harm to other persons 9 or property. 10 (3) The forensic order must state the category of the order. 11 139 Inpatient category 12 (1) If the Mental Health Court decides the category of a forensic 13 order for a person is inpatient, the court must do 1 of the 14 following-- 15 (a) order that the person have no limited community 16 treatment; 17 Note-- 18 An order made under paragraph (a) may be amended by the 19 tribunal, but may not be amended by an authorised doctor. See 20 sections 212(2) and 443(2)(b) and (c). 21 (b) approve that an authorised doctor under section 212 or a 22 senior practitioner under the Forensic Disability Act, 23 section 20 may, at a future time-- 24 (i) authorise limited community treatment for the 25 person, to the extent and subject to the conditions 26 decided by the court; or 27 (ii) change the category of the order to community, 28 subject to the conditions decided by the court; 29 (c) order that the person have limited community 30 treatment-- 31 Page 131

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 140] (i) of a stated extent; and 1 (ii) subject to the conditions decided by the court, 2 including whether, or the extent to which, an 3 authorised doctor under section 212 or a senior 4 practitioner under the Forensic Disability Act, 5 section 20 may amend the forensic order in relation 6 to treatment in the community. 7 (2) The court may make an order under subsection (1)(b) or (c) 8 only if the court is satisfied there is not an unacceptable risk to 9 the safety of the community, because of the person's mental 10 condition, including the risk of serious harm to other persons 11 or property. 12 (3) In deciding whether the court is satisfied of the matters 13 mentioned in subsection (2), the court must have regard to-- 14 (a) the purpose of limited community treatment; and 15 (b) the fact that-- 16 (i) if an authorised mental health service is 17 responsible for the person--an authorised doctor 18 may increase the extent of treatment in the 19 community for the person only if satisfied of the 20 matters mentioned in section 212(3); or 21 (ii) if the forensic disability service is responsible for 22 the person--a senior practitioner under the 23 Forensic Disability Act may authorise treatment in 24 the community for the person only if satisfied of 25 the matters mentioned in the Forensic Disability 26 Act, section 20(2). 27 140 Community category 28 If the Mental Health Court decides the category of a forensic 29 order for a person is community, the court must-- 30 (a) order that an authorised doctor or a senior practitioner 31 under the Forensic Disability Act must not change the 32 category of the order to inpatient; or 33 Page 132

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 141] Note-- 1 The category of the order may be changed by the tribunal. See 2 section 442. 3 (b) approve that an authorised doctor under section 212 or a 4 senior practitioner under the Forensic Disability Act, 5 section 20 may, at a future time, change the nature or 6 extent of treatment in the community received by the 7 person, to the extent and subject to the conditions 8 decided by the court. 9 Example of a change of the nature or extent of treatment in the 10 community-- 11 changing the category of the forensic order from community to 12 inpatient, with or without limited community treatment 13 Subdivision 3 Other provisions 14 141 When category of forensic order (disability) may be 15 described as residential 16 (1) This section applies to a forensic order (disability) for a 17 person if-- 18 (a) the category of the order is inpatient; and 19 (b) the forensic disability service is responsible for the 20 person. 21 (2) The category of the order may be described as residential. 22 142 Admission to high security unit--stay of order 23 (1) This section applies if-- 24 (a) the Mental Health Court makes a forensic order for a 25 person; and 26 (b) under the order, the person is to be detained in a high 27 security unit; and 28 Page 133

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 143] (c) the chief psychiatrist asks the court to stay the order for 1 a period of not more than 7 days to enable the high 2 security unit to make a physical place available for the 3 person. 4 (2) The court may stay the order for the period requested by the 5 chief psychiatrist. 6 (3) However, if the court is satisfied the person needs urgent 7 treatment and care in the high security unit, the court may-- 8 (a) refuse to stay the order; or 9 (b) stay the order for a shorter period than requested. 10 (4) If the court stays the order and the person is being held in 11 custody, the person must remain in custody until the person is 12 admitted to the high security unit. 13 Division 3 Treatment support orders 14 Subdivision 1 Making of treatment support orders 15 143 Requirements for making treatment support order 16 (1) The Mental Health Court must make an order (a treatment 17 support order) for the person if the court considers a 18 treatment support order, but not a forensic order, is necessary, 19 because of the person's mental condition, to protect the safety 20 of the community, including from the risk of serious harm to 21 other persons or property. 22 (2) In deciding whether a treatment support order, but not a 23 forensic order, is necessary, the court must have regard to the 24 policy that must be made by the chief psychiatrist under 25 section 303(1)(g) in relation to persons subject to treatment 26 support orders. 27 (3) This section does not apply if the court considers-- 28 Page 134

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 144] (a) the person's unsoundness of mind was, or unfitness for 1 trial is, because of an intellectual disability; and 2 (b) the person does not need treatment and care for any 3 mental illness. 4 144 Conditions 5 (1) The Mental Health Court may, in a treatment support order for 6 a person, impose the conditions it considers appropriate. 7 (2) Without limiting subsection (1), the court may impose a 8 condition that the person must not contact a stated person, 9 including, for example, a victim of the relevant unlawful act. 10 (3) However, the court may not impose a condition requiring the 11 person to take a particular medication or a particular dosage of 12 a medication. 13 Subdivision 2 Treatment in the community 14 145 Mental Health Court to decide category and community 15 treatment 16 (1) If the Mental Health Court decides to make a treatment 17 support order for a person, the court must also decide the 18 category of the order. 19 (2) However, the court may decide the category of the treatment 20 support order is inpatient only if the court considers 1 or more 21 of the following can not reasonably be met if the category of 22 the order is community-- 23 (a) the person's treatment and care needs; 24 (b) the safety and welfare of the person; 25 (c) the safety of others. 26 (3) If the court decides the category of the treatment support order 27 is inpatient, the court may approve limited community 28 Page 135

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 146] treatment for the person, to the extent and subject to the 1 conditions decided by the court. 2 Note-- 3 See section 216 for an authorised doctor's powers in relation to a 4 treatment support order. 5 (4) In deciding whether to approve limited community treatment 6 under subsection (3), the court must have regard to the 7 purpose of limited community treatment. 8 (5) If the court decides the category of the treatment support order 9 is community, or approves limited community treatment for 10 the person under subsection (3), the court must decide 11 whether an authorised doctor may, at a future time, reduce the 12 extent of treatment in the community received by the person. 13 Note-- 14 On a review of the order, the tribunal may change the nature or extent of 15 the person's treatment in the community. See sections 473 and 474. 16 (6) The treatment support order must state the category of the 17 order. 18 Division 4 Responsibility for treatment and 19 care 20 146 Responsibility for person subject to forensic order 21 (mental health) or treatment support order 22 (1) If the Mental Health Court makes a forensic order (mental 23 health) or treatment support order for a person, the order must 24 state the authorised mental health service responsible for the 25 person. 26 (2) The stated authorised mental health service is responsible for 27 the person. 28 (3) Subsection (2) does not prevent treatment and care being 29 provided to the person by another authorised mental health 30 service if the person seeks treatment and care by the service. 31 Page 136

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 147] (4) This section is subject to section 354. 1 147 Responsibility for person subject to forensic order 2 (disability) 3 (1) If the Mental Health Court makes a forensic order (disability) 4 for a person, the order must state-- 5 (a) the authorised mental health service responsible for the 6 person; or 7 (b) that the forensic disability service is responsible for the 8 person. 9 (2) However, the court may decide the forensic disability service 10 is responsible for the person only if the chief executive 11 (forensic disability) certifies, in writing, that the forensic 12 disability service has the required capacity. 13 (3) If the court makes an order under subsection (1)(a), the stated 14 authorised mental health service is responsible for the person. 15 (4) If the court makes an order under subsection (1)(b), the 16 forensic disability service is responsible for the person. 17 (5) Subsection (3) does not prevent treatment and care being 18 provided to the person by another authorised mental health 19 service if the person seeks treatment and care by the service. 20 (6) Subsection (4) does not prevent treatment and care being 21 provided to the person by an authorised mental health service 22 if the person seeks treatment and care by the service. 23 (7) This section is subject to section 354. 24 (8) In this section-- 25 required capacity means-- 26 (a) the physical capacity to accommodate the person; and 27 (b) the capacity to provide care for the person under the 28 order. 29 Page 137

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 148] 148 Certificate of forensic disability service availability 1 (1) This section applies for the purpose of the Mental Health 2 Court deciding under section 147 whether the forensic 3 disability service will be responsible for the person. 4 (2) The court may ask the director of forensic disability to give 5 the court a certificate prepared by the chief executive (forensic 6 disability) stating whether or not the forensic disability 7 service has the required capacity within the meaning of 8 section 147. 9 (3) If asked by the director of forensic disability to prepare a 10 certificate mentioned in subsection (2), the chief executive 11 (forensic disability) must prepare, and give the director, the 12 certificate. 13 (4) If the court makes a request under subsection (2), the director 14 of forensic disability must give the court the certificate 15 within-- 16 (a) 7 days after receiving the request; or 17 (b) any longer period allowed by the court. 18 Division 5 Transport 19 149 Transport to authorised mental health service 20 (1) This section applies if-- 21 (a) the Mental Health Court makes a forensic order or 22 treatment support order for a person and the category of 23 the order is inpatient; and 24 (b) an authorised mental health service is responsible for 25 the person under the order. 26 (2) An authorised person may transport the person to the 27 authorised mental health service. 28 Note-- 29 Page 138

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 150] For the powers of an authorised person when detaining and transporting 1 a person, see chapter 11, part 6, division 5. 2 150 Transport to forensic disability service 3 (1) This section applies if-- 4 (a) the Mental Health Court makes a forensic order 5 (disability) for a person and the category of the order is 6 inpatient; and 7 (b) the forensic disability service is responsible for the 8 person under the order. 9 (2) An authorised person, or an authorised practitioner under the 10 Forensic Disability Act, may transport the person to the 11 forensic disability service. 12 Note-- 13 For the powers of an authorised person when detaining and transporting 14 a person, see chapter 11, part 6, division 5. 15 Division 6 Other provisions 16 151 Matters authorised by forensic order (mental health) or 17 treatment support order 18 (1) A forensic order (mental health), or treatment support order, 19 for a person authorises each of the following in accordance 20 with the order-- 21 (a) if the person has a mental condition other than an 22 intellectual disability--the provision of involuntary 23 treatment and care for the person's mental illness or 24 other mental condition; 25 (b) if the person has a dual disability-- 26 (i) the provision of involuntary treatment and care for 27 the person's mental illness; and 28 Page 139

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 152] (ii) the provision of involuntary care for the person's 1 intellectual disability; 2 (c) if the category of the order is inpatient--the detention of 3 the person in the authorised mental health service that is 4 responsible for the person. 5 (2) The person responsible for the treatment and care must ensure 6 the order is given effect. 7 Note-- 8 See section 15 for the person responsible for the treatment and care of a 9 person subject to a forensic order (mental health) or treatment support 10 order. 11 152 Matters authorised by forensic orders (disability) 12 (1) A forensic order (disability) for a person authorises each of 13 the following in accordance with the order-- 14 (a) the provision of involuntary care for the person's 15 intellectual disability; 16 (b) if the category of the order is inpatient, the person's 17 detention in-- 18 (i) if an authorised mental health service is 19 responsible for the person--the authorised mental 20 health service; or 21 (ii) if the forensic disability service is responsible for 22 the person--the forensic disability service. 23 (2) The person responsible for the care must ensure the order is 24 given effect. 25 Note-- 26 See section 15 for the person responsible for the care of a person subject 27 to a forensic order (disability). 28 Page 140

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 4 Forensic orders and treatment support orders [s 153] 153 Status of forensic order or treatment support order if 1 amended 2 (1) A forensic order or treatment support order made under this 3 part has effect subject to any amendment of the order-- 4 (a) by the tribunal under chapter 12; or 5 (b) by an authorised doctor under section 212 or 216. 6 (2) The order, as amended, continues as an order of the Mental 7 Health Court. 8 154 Ending of order made because of temporary unfitness for 9 trial 10 (1) This section applies to any of the following orders to which a 11 person is subject-- 12 (a) a forensic order (mental health), forensic order 13 (disability) or treatment support order made because the 14 Mental Health Court decides the person is unfit for trial 15 and the unfitness for trial is not permanent; 16 (b) if the tribunal revokes a forensic order (mental health) 17 mentioned in paragraph (a) and makes a forensic order 18 (disability) for the person under section 455--the 19 forensic order (disability); 20 (c) if the tribunal revokes a forensic order (mental health) 21 mentioned in paragraph (a) and makes a treatment 22 support order for the person under section 448--the 23 treatment support order. 24 (2) The order ends if the proceeding against the person for the 25 offence to which the reference relates is discontinued other 26 than under section 488 or 489. 27 Notes-- 28 1 See section 491 in relation to the discontinuance of the proceeding 29 other than under section 488 or 489. 30 2 Also, if the tribunal decides on a review under chapter 12, part 6 31 that the person is fit for trial, the order ends under section 495(2). 32 Page 141

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 5 Other provisions [s 155] Part 5 Other provisions 1 Division 1 Notice of decisions and orders 2 155 Notice of decisions and orders 3 (1) The registrar must, within 7 days after the Mental Health 4 Court makes its decision on a reference, give the following 5 persons written notice of the court's decision, and any orders 6 made by the court-- 7 (a) each person who was entitled to be given notice of the 8 reference under section 113(1); 9 (b) the tribunal. 10 (2) Also, if a victim impact statement was given to the court on 11 the hearing of the reference, the registrar must give the 12 tribunal a copy of the statement. 13 (3) The chief executive (justice) must, as soon as practicable after 14 receiving the notice mentioned in subsection (1), give each of 15 the following persons written notice of the court's decision-- 16 (a) the registrar of the court in which the proceeding for the 17 offence has been brought; 18 (b) if the prosecuting authority for the offence is not the 19 director of public prosecutions--the prosecuting 20 authority for the offence. 21 Division 2 Admissibility and use of evidence 22 156 Definition for div 2 23 In this division-- 24 expert's report includes a clinical record relevant to a 25 person's mental condition. 26 Page 142

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 5 Other provisions [s 157] 157 Admissibility of expert's report at trial 1 An expert's report received in evidence by the Mental Health 2 Court on a reference is admissible at the trial of the person for 3 the offence in relation to the reference only for the following 4 purposes-- 5 (a) deciding whether-- 6 (i) for the application of the Criminal Code, section 7 613, the person is not capable of understanding the 8 proceedings; or 9 (ii) for the application of the Criminal Code, section 10 645, the person is not of sound mind; or 11 (iii) the person was of unsound mind or diminished 12 responsibility when the offence was allegedly 13 committed; or 14 (iv) the person should be admitted to an authorised 15 mental health service under a forensic order 16 (Criminal Code); 17 (b) sentencing the person. 18 158 Particular statements not admissible 19 (1) A statement made by the person the subject of a reference at 20 the hearing of the reference is not admissible in evidence in 21 any civil or criminal proceeding against the person. 22 (2) Subsection (1) applies to statements made orally or in writing 23 and whether on oath or otherwise. 24 (3) However, subsection (1) does not apply to a proceeding for-- 25 (a) contempt of the Mental Health Court; or 26 (b) an offence against the Criminal Code, chapter 16. 27 159 Issue of mental condition may be raised at trial 28 (1) A decision by the Mental Health Court on a reference in 29 relation to a person does not prevent the person raising the 30 Page 143

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 5 Other provisions [s 160] issue of the person's mental condition at the person's trial for 1 the offence. 2 (2) If the issue of the person's mental condition is raised at the 3 person's trial, the Mental Health Court's decision is 4 admissible for sentencing, but is not otherwise admissible at 5 the trial. 6 160 Other use of expert's report 7 (1) An expert's report received in evidence by the Mental Health 8 Court on a reference in relation to a person may be given to-- 9 (a) if an authorised mental health service is responsible for 10 the person--the administrator of the service; or 11 (b) if the forensic disability service is responsible for the 12 person--the administrator of the service; or 13 (c) the tribunal for conducting a review. 14 (2) The report may be given to, and used by, another person only 15 with the leave of the court. 16 (3) The court may grant the leave subject to the conditions it 17 considers appropriate. 18 Division 3 Victim impact statements 19 161 Application of div 3 20 This division applies if, on a reference in relation to a person, 21 the Mental Health Court decides the person-- 22 (a) was of unsound mind when the offence was allegedly 23 committed; or 24 (b) is unfit for trial. 25 Page 144

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 5 Other provisions [s 162] 162 Preparation of victim impact statement 1 (1) A victim of the relevant unlawful act, or a close relative of the 2 victim, may prepare, and give the prosecuting authority for 3 the relevant unlawful act, a victim impact statement in relation 4 to the relevant unlawful act, for the purpose of the prosecuting 5 authority producing the statement to the Mental Health Court. 6 (2) The victim impact statement may include-- 7 (a) the views of the victim or close relative about the risk 8 the person the subject of the reference represents to the 9 victim or close relative or another person; and 10 (b) a request by the victim or close relative that the Mental 11 Health Court impose, in any forensic order or treatment 12 support order made for the person the subject of the 13 reference, a condition that the person must not contact-- 14 (i) the victim or close relative; or 15 (ii) another individual, including, for example, another 16 close relative of the victim. 17 163 Production of victim impact statement by prosecuting 18 authority 19 If a victim of the relevant unlawful act, or a close relative of 20 the victim, gives the prosecuting authority a victim impact 21 statement, the prosecuting authority must give the statement 22 to the Mental Health Court. 23 164 Restrictions on disclosing victim impact statement 24 (1) The Mental Health Court must not disclose the victim impact 25 statement to the person the subject of the reference unless the 26 victim or close relative asks that the statement be disclosed to 27 the person. 28 (2) Despite a request mentioned in subsection (1), the court may, 29 by order, prohibit the disclosure of the victim impact 30 Page 145

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 5 Other provisions [s 165] statement to the person if satisfied the disclosure may 1 adversely affect the health and wellbeing of the person. 2 (3) A person must not contravene an order made under subsection 3 (2) unless the person has a reasonable excuse. 4 Maximum penalty--200 penalty units. 5 (4) This section does not prevent the court disclosing the victim 6 impact statement to a lawyer of the person the subject of the 7 reference if satisfied the disclosure is in the best interests of 8 the person. 9 (5) Subject to subsection (3), the person's lawyer may disclose 10 the victim impact statement to the person only if the victim or 11 close relative asks that the statement be disclosed to the 12 person. 13 (6) The person's lawyer must not disclose the victim impact 14 statement to the person in contravention of subsection (5) 15 unless the lawyer has a reasonable excuse. 16 Maximum penalty--200 penalty units. 17 (7) In this section-- 18 lawyer, of a person, includes another representative of the 19 person. 20 165 Use of victim impact statement by Mental Health Court 21 (1) This section applies if the Mental Health Court is required to 22 have regard to a victim impact statement in deciding a matter 23 under part 4. 24 (2) The court may place the weight on the victim impact 25 statement it considers appropriate. 26 Page 146

Mental Health Bill 2015 Chapter 5 Mental Health Court references Part 5 Other provisions [s 166] Division 4 Persons subject to existing orders 1 or authorities 2 166 Person subject to existing forensic order 3 (1) This section applies if the Mental Health Court is required 4 under this chapter to make a forensic order (a new forensic 5 order) for a person who is already subject to a forensic order 6 (the existing forensic order). 7 (2) The court may-- 8 (a) amend the existing forensic order for the person; or 9 (b) revoke the existing forensic order for the person and 10 make a new forensic order for the person. 11 Note-- 12 If there is an information notice relating to the person, the revocation of 13 the existing forensic order under this section does not affect the 14 information notice. See section 320. 15 167 Person subject to existing treatment authority or 16 treatment support order 17 (1) This section applies if the Mental Health Court makes a 18 forensic order (mental health) for a person who is subject to a 19 treatment authority or treatment support order. 20 (2) On the making of the forensic order (mental health), the 21 treatment authority or treatment support order ends. 22 (3) Nothing in this section prevents the court making a forensic 23 order (disability) for a person who is subject to a treatment 24 authority. 25 (4) If a treatment authority for a person is inconsistent with a 26 forensic order (disability) for the person, the forensic order 27 (disability) prevails to the extent of the inconsistency. 28 Page 147

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 1 Preliminary [s 168] Division 5 Miscellaneous 1 168 Relationship with ch 16, pt 1 2 To the extent of any inconsistency with chapter 16, part 1, this 3 chapter prevails. 4 Chapter 6 Powers of courts hearing 5 criminal proceedings and 6 related processes 7 Part 1 Preliminary 8 169 Purpose of ch 6 9 The purpose of this chapter is to provide for appropriate 10 powers and processes for courts hearing criminal proceedings 11 and for related matters, including-- 12 (a) powers for Magistrates Courts, the District Court and 13 the Supreme Court to deal with cases where there is a 14 concern about the mental state of a person charged with 15 an offence, including by making a reference to the 16 Mental Health Court; and 17 (b) the admission of persons subject to forensic orders 18 (Criminal Code) to authorised mental health services; 19 and 20 (c) the detention of persons in authorised mental health 21 services during trial. 22 Page 148

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 2 Magistrates Courts [s 170] 170 Childrens Court 1 In this chapter, a reference to a Magistrates Court, in relation 2 to a person charged with an offence, is taken to include a 3 reference to the Childrens Court if the person charged with the 4 offence is being dealt with under the Youth Justice Act 1992. 5 Note-- 6 See the Youth Justice Act 1992, section 63 in relation to the powers and 7 jurisdiction of the District Court in its criminal jurisdiction conferred on 8 a Childrens Court judge. 9 Part 2 Magistrates Courts 10 Division 1 General 11 171 Definition for div 1 12 In this division-- 13 simple offence see the Justices Act 1886, section 4. 14 172 Power to dismiss complaint--unsound mind or unfitness 15 for trial 16 (1) This section applies if-- 17 (a) a complaint for a simple offence is to be heard and 18 determined by a Magistrates Court; and 19 (b) the court is reasonably satisfied, on the balance of 20 probabilities, that the person charged with the offence-- 21 (i) was, or appears to have been, of unsound mind 22 when the offence was allegedly committed; or 23 (ii) is unfit for trial. 24 (2) The court may dismiss the complaint. 25 Page 149

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 2 Magistrates Courts [s 173] Note-- 1 See the Justices Act 1886, section 222 in relation to appeals to a District 2 Court judge from an order made in a summary way on a complaint for 3 an offence. 4 173 Power to adjourn hearing of complaint--temporary 5 unfitness for trial 6 (1) This section applies if-- 7 (a) a complaint for a simple offence is to be heard and 8 determined by a Magistrates Court; and 9 (b) the court is reasonably satisfied, on the balance of 10 probabilities, that the person charged with the offence-- 11 (i) is unfit for trial; but 12 (ii) is likely to become fit for trial within 6 months. 13 (2) The court may adjourn the hearing of the complaint. 14 (3) However, if the court is reasonably satisfied, on the balance of 15 probabilities, that the person is still unfit for trial 6 months 16 after the hearing of the complaint was adjourned, the court 17 may dismiss the complaint under section 172(2). 18 (4) This section does not limit the court's power under section 19 172. 20 174 Power to refer person to appropriate agency or entity 21 (1) This section applies if a Magistrates Court-- 22 (a) has dismissed a complaint under section 172 or 23 adjourned the hearing of a complaint under section 173; 24 and 25 (b) is reasonably satisfied the person charged with the 26 offence does not appear to have a mental illness. 27 (2) The court may refer the person to-- 28 (a) a relevant agency for appropriate care; or 29 Page 150

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 2 Magistrates Courts [s 175] (b) the health department or another entity the court 1 considers appropriate for treatment and care. 2 (3) In this section-- 3 health department means the department in which the 4 Hospital and Health Boards Act 2011 is administered. 5 relevant agency means-- 6 (a) the department in which the Disability Services Act 7 2006 is administered; or 8 (b) the National Disability Insurance Scheme Launch 9 Transition Agency established under the National 10 Disability Insurance Scheme Act 2013 (Cwlth). 11 Division 2 References to Mental Health Court 12 175 When reference may be made 13 (1) This section applies if, in a proceeding before a Magistrates 14 Court against a person charged with an indictable offence 15 other than an offence against a law of the Commonwealth, the 16 court is reasonably satisfied, on the balance of probabilities, 17 that-- 18 (a) the person-- 19 (i) was, or appears to have been, of unsound mind 20 when the offence was allegedly committed; or 21 (ii) is unfit for trial; and 22 (b) both of the following apply-- 23 (i) the nature and circumstances of the offence create 24 an exceptional circumstance in relation to the 25 protection of the community; 26 (ii) the making of a forensic order or treatment support 27 order for the person may be justified. 28 Page 151

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 2 Magistrates Courts [s 176] (2) The court may, in the way set out in section 176, refer to the 1 Mental Health Court the matter of the person's mental state 2 relating to-- 3 (a) the indictable offence; and 4 (b) an associated offence. 5 176 How reference is made 6 (1) The registrar of a Magistrates Court that makes a reference 7 under section 175 in relation to a person must file a notice of 8 the reference in the approved form in the Mental Health Court 9 Registry. 10 (2) The notice must state each offence in relation to which the 11 person's mental state is referred. 12 (3) The notice must be accompanied by a copy of any report 13 produced to the court relating to the person's mental state. 14 Division 3 Examination orders 15 177 Power to make examination order for person charged 16 with simple offence 17 (1) This section applies if-- 18 (a) a Magistrates Court-- 19 (i) has dismissed a complaint under section 172 or 20 adjourned the hearing of a complaint under section 21 173; or 22 (ii) is reasonably satisfied that a person charged with a 23 simple offence would benefit from an examination 24 by an authorised doctor; and 25 (b) the court-- 26 (i) is reasonably satisfied the person has a mental 27 illness; or 28 Page 152

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 2 Magistrates Courts [s 177] (ii) is unable to decide whether the person has a mental 1 illness or another mental condition. 2 (2) The court may make an order (an examination order) in 3 relation to the person. 4 Note-- 5 An examination order is a type of judicial order. A judicial order does 6 not authorise the provision of involuntary treatment and care to the 7 person. 8 (3) Also, if the complaint has not been dismissed under section 9 172 and the hearing of the complaint has not been adjourned 10 under section 173, the court may adjourn the hearing of the 11 complaint. 12 (4) The examination order authorises an authorised doctor for the 13 authorised mental health service or public sector health 14 service facility stated in the order to examine the person, 15 without the person's consent, to decide whether to-- 16 (a) make a treatment authority for the person; or 17 (b) make a recommendation for the person's treatment and 18 care; or 19 (c) if the person is already subject to a treatment authority, 20 forensic order (mental health), forensic order (disability) 21 or treatment support order--change the nature and 22 extent of the treatment and care to be provided to the 23 person under the authority or order. 24 (5) Also, the examination order may-- 25 (a) direct an authorised person to transport the person 26 immediately to an inpatient unit of the authorised 27 mental health service; or 28 Note-- 29 For the powers of an authorised person when detaining and 30 transporting a person, see chapter 11, part 6, division 5. 31 (b) direct the person to attend at the authorised mental 32 health service or public sector health service facility 33 Page 153

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 2 Magistrates Courts [s 178] within a stated time, of not more than 28 days, after the 1 order is made. 2 Note-- 3 See chapter 11, part 6, division 3 for the powers that may be 4 used in relation to a person who does not comply with a 5 direction under paragraph (b). 6 (6) The registrar of the court must, as soon as practicable after the 7 examination order is made, give written notice of the order 8 to-- 9 (a) if an authorised mental health service is stated in the 10 order--the administrator of the service; or 11 (b) if a public sector health service facility is stated in the 12 order--the person in charge of the facility. 13 178 Examination of person 14 (1) For the purpose of examining the person, the person may be 15 detained in the relevant service for a period (the examination 16 period) of not more than 6 hours starting-- 17 (a) if the person is at the relevant service when the 18 examination order is made--when the order is made; or 19 (b) if the person is transported to the relevant service under 20 the examination order--when the person is first 21 transported and admitted under the order to the relevant 22 service; or 23 (c) if the person attends at the relevant service under the 24 order--when the person first attends at the service under 25 the order. 26 (2) However, an authorised doctor or authorised mental health 27 practitioner may extend, or further extend, the examination 28 period before it ends to not more than 12 hours after it starts if 29 the authorised doctor or authorised mental health practitioner 30 reasonably believes the extension is necessary to carry out or 31 finish the examination of the person. 32 (3) The authorised doctor who examines the person may-- 33 Page 154

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 2 Magistrates Courts [s 179] (a) make a treatment authority for the person; or 1 (b) make a recommendation for the person's treatment and 2 care; or 3 (c) decide the person does not require treatment and care; or 4 (d) if the person is already subject to a treatment authority, 5 forensic order (mental health), forensic order (disability) 6 or treatment support order--change the nature and 7 extent of the treatment and care to be provided to the 8 person under the authority or order. 9 (4) For subsection (3)(a), section 48 applies as if a reference in 10 the section to the assessment of a person under chapter 2, part 11 3 were a reference to the examination of the person under an 12 examination order. 13 (5) If the authorised doctor makes a recommendation under 14 subsection (3)(b) for the person's treatment and care, the 15 authorised doctor must explain to the person the benefits of 16 being treated voluntarily in accordance with the 17 recommendation. 18 Note-- 19 See section 55 for the matters the authorised doctor must tell, and 20 explain to, the person if the authorised doctor makes a treatment 21 authority for the person as mentioned in subsection (3)(a). 22 (6) In this section-- 23 relevant service means the authorised mental health service or 24 public sector health service facility stated in the examination 25 order. 26 179 Examination report 27 The authorised doctor must prepare a report (an examination 28 report) stating each of the following-- 29 (a) details of the examination carried out under the 30 examination order; 31 Page 155

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 3 Supreme Court and District Court [s 180] (b) the recommendation or decision made under section 1 178(3); 2 (c) if the authorised doctor makes a recommendation under 3 section 178(3)(b) for the person's treatment and 4 care--details of the explanation given to the person of 5 the benefits of being treated voluntarily in accordance 6 with the recommendation. 7 180 Admissibility of examination report 8 The examination report is admissible in the following 9 proceedings-- 10 (a) the proceeding against the person in which the 11 examination order was made; 12 (b) any future proceeding against the person for an offence 13 to which the examination report is relevant. 14 Part 3 Supreme Court and District 15 Court 16 Division 1 Making reference to Mental Health 17 Court if person pleads guilty to 18 indictable offence 19 181 Application of div 1 20 (1) This division applies if-- 21 (a) a person appears before the Supreme Court or District 22 Court in a relevant proceeding for a charge of an 23 indictable offence, other than an offence against a law of 24 the Commonwealth; and 25 Page 156

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 3 Supreme Court and District Court [s 182] (b) the court is reasonably satisfied, on the balance of 1 probabilities, that the person-- 2 (i) was, or appears to have been, of unsound mind 3 when the offence was allegedly committed; or 4 (ii) for the offence of murder--was, or appears to have 5 been, of diminished responsibility when the 6 offence was allegedly committed; or 7 (iii) is unfit for trial. 8 (2) In this section-- 9 relevant proceeding, for a person charged with an indictable 10 offence, means-- 11 (a) if the person pleads guilty to the charge at the person's 12 trial--the person's trial; or 13 (b) if the person has pleaded guilty to the charge before a 14 court and has been committed by the court for 15 sentence--the person's appearance for sentence. 16 182 Power to order plea of not guilty 17 The court may order that a plea of not guilty be entered for the 18 person for-- 19 (a) the indictable offence with which the person is charged; 20 and 21 (b) if, under the Criminal Code, section 651, a charge of a 22 summary offence laid against the person is to be heard 23 and decided by the court--the summary offence. 24 183 Power to make reference to Mental Health Court and 25 related orders 26 On the making of the order under section 182, the court 27 must-- 28 (a) adjourn the trial; and 29 Page 157

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 3 Supreme Court and District Court [s 184] (b) in the way set out in section 184, refer to the Mental 1 Health Court the matter of the person's mental state 2 relating to-- 3 (i) the indictable offence with which the person is 4 charged; and 5 (ii) any summary offence mentioned in section 182(b) 6 that is an associated offence; and 7 (c) order that-- 8 (i) either-- 9 (A) the person be remanded in custody and any 10 bail granted under the Bail Act 1980 for the 11 person be revoked; or 12 (B) bail be granted, enlarged or varied under the 13 Bail Act 1980 for the person; or 14 (ii) if a written agreement has been given under this 15 division for the person's detention in an authorised 16 mental health service--the person be detained in 17 an inpatient unit of the service. 18 Note-- 19 An order made under subparagraph (ii) is a type of judicial 20 order. A judicial order does not authorise the provision of 21 involuntary treatment and care to the person. 22 184 How reference to Mental Health Court is made 23 (1) The registrar of the court that made the reference under 24 section 183(b) must file a notice of the reference in the 25 approved form in the Mental Health Court Registry. 26 (2) The notice must state each offence in relation to which the 27 person's mental state is referred. 28 (3) The notice must be accompanied by a copy of any report 29 produced to the court relating to the person's mental state. 30 Page 158

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 3 Supreme Court and District Court [s 185] 185 Persons who may give agreement for detention 1 An agreement for the person's detention in an authorised 2 mental health service may be given by-- 3 (a) the administrator of the service; or 4 (b) the chief psychiatrist. 5 186 Agreement for detention--administrator 6 (1) The administrator of an authorised mental health service may 7 agree to a person's detention in the service only if the 8 administrator is satisfied the service has the capacity to detain 9 the person for treatment and care. 10 (2) Without limiting subsection (1), if the authorised mental 11 health service is not a high security unit, the administrator 12 must be satisfied the person's detention in the service does not 13 present an unreasonable risk to the safety of the person or 14 others having regard to the following-- 15 (a) the person's mental state and psychiatric history; 16 (b) the person's treatment and care needs; 17 (c) the security requirements for the person. 18 (3) If the person is a minor, the administrator of the service must 19 not agree under this division to the minor's detention in a high 20 security unit unless the chief psychiatrist has given prior 21 written approval of the giving of the agreement. 22 (4) In deciding whether to give the approval, the chief psychiatrist 23 must have regard to the following-- 24 (a) the minor's mental state and psychiatric history; 25 (b) the minor's treatment and care needs; 26 (c) the security requirements for the minor. 27 (5) As soon as practicable after deciding to give the approval, the 28 chief psychiatrist must give a copy of the written approval to 29 the administrator. 30 Page 159

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 3 Supreme Court and District Court [s 187] 187 Agreement for detention--chief psychiatrist 1 (1) The chief psychiatrist may agree to a person's detention in an 2 authorised mental health service only if the administrator of 3 the service has refused to agree under section 186 to the 4 person's detention in the service. 5 (2) In deciding whether to agree, the chief psychiatrist must be 6 satisfied of the matters mentioned in section 186(2). 7 188 Effect of order for detention 8 (1) This section applies if a court makes an order under section 9 183(c)(ii) in relation to a person. 10 (2) An authorised person may-- 11 (a) transport the person to an inpatient unit of the authorised 12 mental health service stated in the order; and 13 (b) at the end of the adjournment, transport the person from 14 the authorised mental health service to appear before the 15 court. 16 Note-- 17 For the powers of an authorised person when detaining and transporting 18 a person, see chapter 11, part 6, division 5. 19 (3) The person may be detained under the court's order in the 20 authorised mental health service. 21 Division 2 Forensic orders (Criminal Code) 22 189 Application of div 2 23 (1) This division applies if, on the trial of a person charged with 24 an indictable offence-- 25 (a) the jury makes a relevant finding; and 26 (b) the Supreme Court or District Court makes a forensic 27 order (Criminal Code). 28 Page 160

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 3 Supreme Court and District Court [s 190] (2) In this section-- 1 relevant finding means-- 2 (a) a finding under the Criminal Code, section 613 (a 3 section 613 finding) that the person is not capable of 4 understanding the proceedings at the trial for the reason 5 that the person is of unsound mind or for another reason 6 stated by the jury; or 7 (b) a finding under the Criminal Code, section 645 (a 8 section 645 finding) that the person is not of sound 9 mind; or 10 (c) a finding under the Criminal Code, section 647 that the 11 person is not guilty of the offence on account of the 12 person being of unsound mind when the act or omission 13 alleged to constitute the offence occurred. 14 190 Registrar of court to give notice of order 15 The registrar of the court that made the forensic order 16 (Criminal Code) must, within 7 days after the order is made, 17 give notice of the order in the approved form to-- 18 (a) the chief psychiatrist; and 19 (b) the tribunal. 20 Notes-- 21 1 See chapter 7, part 2 in relation to the examination of a person 22 subject to a forensic order (Criminal Code). 23 2 See chapter 12, part 4 for the review of forensic orders (Criminal 24 Code) by the tribunal. 25 3 If a jury makes a section 613 finding or section 645 finding in 26 relation to a person, the person's fitness for trial must be reviewed 27 by the tribunal. See chapter 12, part 6. 28 Page 161

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 4 Detention in authorised mental health service during trial [s 191] 191 Power to transport person to authorised mental health 1 service 2 For the purpose of giving effect to the forensic order 3 (Criminal Code), an authorised person may transport the 4 person to the authorised mental health service stated in the 5 order. 6 Note-- 7 For the powers of an authorised person when detaining and transporting 8 a person, see chapter 11, part 6, division 5. 9 Part 4 Detention in authorised mental 10 health service during trial 11 192 Definition for pt 4 12 In this part-- 13 court means-- 14 (a) the Supreme Court; or 15 (b) the District Court; or 16 (c) a Magistrates Court. 17 193 Power to order person's detention in authorised mental 18 health service 19 (1) This section applies if, after the trial of a person charged with 20 an indictable offence has started, the court hearing the 21 proceeding-- 22 (a) decides the person should be remanded in custody 23 during an adjournment; and 24 (b) is satisfied that, because of the person's mental 25 condition, the person should be detained in an 26 Page 162

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 4 Detention in authorised mental health service during trial [s 194] authorised mental health service for treatment and care 1 during the adjournment. 2 (2) The court may order that the person be detained, during the 3 adjournment, in an inpatient unit of a stated authorised mental 4 health service if a written agreement has been given under this 5 part for the person's detention in the service. 6 Note-- 7 An order made under subsection (2) is a type of judicial order. A judicial 8 order does not authorise the provision of involuntary treatment and care 9 to the person. 10 194 Persons who may give agreement for detention 11 An agreement for the person's detention in an authorised 12 mental health service may be given by-- 13 (a) the administrator of the service; or 14 (b) the chief psychiatrist. 15 195 Agreement for detention--administrator 16 (1) The administrator of an authorised mental health service may 17 agree to a person's detention in the service only if the 18 administrator is satisfied the service has the capacity to detain 19 the person for treatment and care. 20 (2) Without limiting subsection (1), if the authorised mental 21 health service is not a high security unit, the administrator 22 must be satisfied the person's detention in the service does not 23 present an unreasonable risk to the safety of the person or 24 others having regard to the following-- 25 (a) the person's mental state and psychiatric history; 26 (b) the person's treatment and care needs; 27 (c) the security requirements for the person. 28 (3) If the person is a minor, the administrator of the service must 29 not agree under this part to the minor's detention in a high 30 Page 163

Mental Health Bill 2015 Chapter 6 Powers of courts hearing criminal proceedings and related processes Part 4 Detention in authorised mental health service during trial [s 196] security unit unless the chief psychiatrist has given prior 1 written approval of the giving of the agreement. 2 (4) In deciding whether to give the approval, the chief psychiatrist 3 must have regard to the following-- 4 (a) the minor's mental state and psychiatric history; 5 (b) the minor's treatment and care needs; 6 (c) the security requirements for the minor. 7 (5) As soon as practicable after deciding to give the approval, the 8 chief psychiatrist must give a copy of the written approval to 9 the administrator. 10 196 Agreement for detention--chief psychiatrist 11 (1) The chief psychiatrist may agree to a person's detention in an 12 authorised mental health service only if the administrator of 13 the service has refused to agree under section 195 to the 14 person's detention in the service. 15 (2) In deciding whether to agree, the chief psychiatrist must be 16 satisfied of the matters mentioned in section 195. 17 197 Effect of order for detention 18 (1) This section applies if a court makes an order under section 19 193(2) in relation to a person. 20 (2) An authorised person may-- 21 (a) transport the person to an inpatient unit of the authorised 22 mental health service stated in the order; and 23 (b) at the end of the adjournment, transport the person from 24 the authorised mental health service to appear before the 25 court. 26 Note-- 27 For the powers of an authorised person when detaining and transporting 28 a person, see chapter 11, part 6, division 5. 29 Page 164

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 1 Preliminary [s 198] (3) The person may be detained under the court's order in the 1 authorised mental health service. 2 Chapter 7 Treatment and care of 3 patients 4 Part 1 Preliminary 5 198 Purpose of ch 7 6 The purpose of this chapter is to provide for the following-- 7 (a) the responsibilities of authorised doctors and 8 administrators of authorised mental health services in 9 providing treatment and care to patients; 10 (b) the assessment of patients subject to a treatment 11 authority to decide whether continuation of the authority 12 is appropriate; 13 (c) the authorisation of treatment in the community for 14 involuntary patients; 15 (d) the approval of temporary absences for particular 16 involuntary patients; 17 (e) the appointment of nominated support persons and the 18 recording of advance health directives, enduring powers 19 of attorney and details relating to nominated support 20 persons; 21 (f) the placing of restrictions on the use of 22 electroconvulsive therapy and non-ablative 23 neurosurgical procedures to treat a mental illness; 24 (g) the prohibition of psychosurgery and other treatments. 25 Page 165

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 2 Responsibility to provide treatment and care [s 199] 199 Relationship between this Act and custodial status of 1 particular patients 2 (1) This section applies to a patient of an authorised mental health 3 service who is subject to any of the following-- 4 (a) a treatment authority; 5 (b) a forensic order; 6 (c) a treatment support order. 7 (2) A person making a decision about the patient's authority or 8 order, including limited community treatment under the 9 authority or order, must make the decision without regard to 10 whether the patient is in custody under another Act. 11 (3) However, a decision made under this Act about the patient's 12 authority or order, including limited community treatment 13 under the authority or order, is subject to any custodial 14 requirement under the other Act. 15 (4) Subsection (3) does not apply to a patient who is detained as a 16 classified patient in the authorised mental health service under 17 chapter 3. 18 Part 2 Responsibility to provide 19 treatment and care 20 200 Application of pt 2 21 This part applies to each of the following patients of an 22 authorised mental health service-- 23 (a) an involuntary patient subject to-- 24 (i) a treatment authority; or 25 (ii) a forensic order; or 26 (iii) a treatment support order; 27 Page 166

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 2 Responsibility to provide treatment and care [s 201] (b) a person from another State detained in an authorised 1 mental health service under section 366(4); 2 (c) a classified patient (voluntary); 3 (d) a patient receiving treatment and care under an advance 4 health directive or with the consent of a personal 5 guardian or attorney. 6 201 Examination of patient for purpose of providing treatment 7 and care 8 (1) This section does not apply to a patient subject to a treatment 9 authority, other than a patient subject to a treatment authority 10 who becomes a classified patient. 11 Note-- 12 See section 53 for deciding the nature and extent of treatment and care 13 under a treatment authority. 14 (2) An authorised doctor must examine the patient and decide the 15 nature and extent of treatment and care to be provided to the 16 patient. 17 (3) The examination must be made-- 18 (a) as soon as practicable after the person becomes a patient 19 to whom this part applies; or 20 (b) if a patient subject to a treatment authority, forensic 21 order or treatment support order becomes a classified 22 patient--as soon as practicable after the patient 23 becomes a classified patient. 24 (4) In deciding the treatment and care to be provided to the 25 patient, the authorised doctor must-- 26 (a) discuss the treatment and care to be provided with the 27 patient; and 28 (b) have regard to the views, wishes and preferences of the 29 patient, to the extent they can be expressed, including, 30 for example, in an advance health directive. 31 Page 167

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 2 Responsibility to provide treatment and care [s 202] 202 Authorised doctor's responsibilities for treatment and 1 care 2 (1) An authorised doctor must ensure the treatment and care to be 3 provided to the patient is, and continues to be, appropriate for 4 the patient's treatment and care needs and in compliance with 5 the requirements of this Act. 6 (2) The authorised doctor must record in the patient's health 7 records the treatment and care planned to be provided, and 8 that is provided, to the patient. 9 203 Administrator's responsibilities for treatment and care 10 (1) The administrator of the authorised mental health service has 11 the following responsibilities for the patient-- 12 (a) to take reasonable steps to ensure the patient receives-- 13 (i) the treatment and care planned to be provided to 14 the patient, as recorded in the patient's health 15 records under section 202; and 16 (ii) to the extent practicable, the treatment and care 17 appropriate for any other illness or condition 18 affecting the patient; 19 (b) to ensure the systems for recording the patient's 20 treatment and care, both planned and provided, can be 21 audited; 22 (c) to ensure regular assessments of the patient under 23 section 205 happen as decided by an authorised doctor 24 for the authorised mental health service. 25 (2) The administrator must also take reasonable steps to ensure 26 the patient's treatment and care complies with the 27 requirements of this Act. 28 Page 168

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 3 Patients subject to treatment authorities [s 204] Part 3 Patients subject to treatment 1 authorities 2 Division 1 Preliminary 3 204 Application of pt 3 4 This part applies to a patient of an authorised mental health 5 service who is subject to a treatment authority. 6 Division 2 Regular assessment 7 205 Authorised doctor must assess patient 8 (1) An authorised doctor must make a first assessment of the 9 patient under this section on or before the date recorded in the 10 patient's health records under section 59. 11 (2) Subsequent assessments of the patient under this section must 12 be completed within 3 months after the date of the patient's 13 previous assessment. 14 (3) Also, an authorised doctor must make an assessment of the 15 patient under this section if the authorised doctor considers at 16 any time that-- 17 (a) the treatment criteria may no longer apply to the patient; 18 or 19 (b) there may be a less restrictive way for the patient to 20 receive treatment and care for the patient's mental 21 illness. 22 (4) On an assessment under this section, the authorised doctor 23 must-- 24 (a) assess the patient; and 25 (b) discuss the assessment with the patient; and 26 Page 169

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 3 Patients subject to treatment authorities [s 206] (c) decide and record in the patient's health records-- 1 (i) whether the treatment criteria continue to apply to 2 the patient; and 3 (ii) whether there is a less restrictive way for the 4 patient to receive treatment and care for the 5 patient's mental illness; and 6 (iii) if, because of the decisions required under 7 subparagraphs (i) and (ii), the patient's treatment 8 authority continues-- 9 (A) whether the category of the patient's 10 treatment authority continues to be 11 appropriate; and 12 (B) if the category is inpatient--whether the 13 extent of any limited community treatment 14 under the authority continues to be 15 appropriate; and 16 (iv) the date of the patient's next assessment under this 17 section. 18 Division 3 Actions that may be taken after 19 assessment 20 206 Authorised doctor may revoke treatment authority 21 (1) This section applies if, after making an assessment of the 22 patient, an authorised doctor considers-- 23 (a) the treatment criteria no longer apply to the patient; or 24 (b) there is a less restrictive way for the patient to receive 25 treatment and care for the patient's mental illness. 26 (2) The authorised doctor must revoke the patient's treatment 27 authority. 28 (3) However, the authorised doctor is not required to revoke the 29 treatment authority if the authorised doctor considers the 30 Page 170

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 3 Patients subject to treatment authorities [s 207] patient's capacity to consent to be treated for the patient's 1 mental illness is not stable. 2 Example of when a patient's capacity to consent to be treated is not 3 stable-- 4 the patient gains and loses capacity to consent to be treated during a 5 short time period 6 (4) Also, if the authorised doctor is not an authorised psychiatrist, 7 the revocation takes effect only if the authorised doctor has 8 consulted with an authorised psychiatrist about the revocation. 9 (5) An authorised doctor must tell a patient of a revocation of the 10 patient's treatment authority under this section, and note the 11 revocation on the patient's treatment authority, as soon as 12 practicable after the revocation. 13 (6) The administrator of the authorised mental health service 14 must give written notice of the revocation to the patient, and 15 the tribunal, within 7 days after the revocation. 16 207 Authorised psychiatrist may revoke treatment authority if 17 patient missing 18 (1) An authorised psychiatrist for an authorised mental health 19 service may revoke the patient's treatment authority if the 20 authorised psychiatrist is satisfied the authorised mental 21 health service has not been able to locate the patient for a 22 period of at least 6 months. 23 (2) The administrator of the authorised mental health service 24 must give written notice of the revocation to the tribunal 25 within 7 days after the revocation. 26 208 Chief psychiatrist may revoke treatment authority 27 (1) This section applies if the chief psychiatrist considers-- 28 (a) the treatment criteria no longer apply to the patient; or 29 (b) there is a less restrictive way for the patient to receive 30 treatment and care for the patient's mental illness. 31 Page 171

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 3 Patients subject to treatment authorities [s 209] (2) The chief psychiatrist may revoke the patient's treatment 1 authority. 2 (3) The chief psychiatrist must give written notice of the 3 revocation to the administrator of the patient's treating health 4 service as soon as practicable after the revocation. 5 (4) An authorised doctor must tell the patient of the revocation as 6 soon as practicable after the revocation. 7 (5) The administrator of the patient's treating health service must 8 give written notice of the revocation to the tribunal within 7 9 days after the revocation. 10 209 Amendment of treatment authority to change category, 11 limited community treatment or conditions 12 (1) An authorised doctor may amend the patient's treatment 13 authority under this section in any of the following ways-- 14 (a) to change the category of the authority; 15 (b) to authorise or revoke, or change the nature or extent of, 16 limited community treatment; 17 (c) to impose a condition on, or change a condition of, the 18 authority. 19 (2) However, the authorised doctor may change the category of 20 the authority to inpatient only if the authorised doctor 21 considers, after having regard to the relevant circumstances of 22 the patient, that 1 or more of the following can not reasonably 23 be met if the category of the authority is community-- 24 (a) the patient's treatment and care needs; 25 (b) the safety and welfare of the patient; 26 (c) the safety of others. 27 (3) Also, the authorised doctor may make the amendment only if 28 satisfied the amendment is appropriate having regard to-- 29 (a) the relevant circumstances of the patient; and 30 Page 172

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 3 Patients subject to treatment authorities [s 210] (b) for an amendment mentioned in subsection (1)(b)--the 1 purpose of limited community treatment. 2 (4) The amendment must not change a condition decided by the 3 tribunal, or be contrary to a decision of the tribunal under 4 section 422 or 423. 5 (5) If limited community treatment is authorised under this 6 section, the patient's treatment authority must state-- 7 (a) the nature and conditions of the limited community 8 treatment; and 9 (b) the period, of not more than 7 consecutive days, for 10 which limited community treatment is authorised; and 11 (c) the duration for which the authorisation is in force. 12 Example for paragraphs (b) and (c)-- 13 limited community treatment may be authorised for a period of 1 day 14 per week for a duration of 8 weeks 15 (6) The authorised doctor must tell the patient of any proposed 16 amendment of the patient's treatment authority and explain 17 the effect of the amendment to the patient. 18 (7) This section does not apply if the patient is a classified 19 patient. 20 Note-- 21 See part 6 in relation to classified patients. 22 210 Amendment of treatment authority to change category to 23 inpatient 24 (1) This section applies if-- 25 (a) the category of the patient's treatment authority is 26 community; and 27 (b) an authorised doctor reasonably believes-- 28 (i) there has been a material change in the patient's 29 mental state; and 30 Page 173

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 4 Patients subject to forensic orders [s 211] (ii) the patient requires urgent treatment and care as an 1 inpatient in an authorised mental health service. 2 (2) Despite section 209, the authorised doctor may amend the 3 patient's treatment authority to change the category of the 4 authority to inpatient. 5 (3) The administrator of the patient's treating health service must, 6 as soon as practicable after the treatment authority is amended 7 under subsection (2), give the tribunal written notice of the 8 amendment. 9 Note-- 10 The tribunal must review the treatment authority within 14 days after 11 receiving written notice of the amendment of the authority. See section 12 411(4). 13 (4) Also, subsection (5) applies if, before the tribunal conducts, or 14 completes the hearing of, the review of the treatment authority 15 mentioned in section 411(4), an authorised doctor amends the 16 authority to change the category of the authority to 17 community. 18 (5) The administrator of the patient's treating health service must, 19 as soon as practicable after the treatment authority is 20 amended, give the tribunal written notice of the amendment. 21 Note-- 22 Under section 414, the tribunal is not required to conduct, or complete 23 the hearing of, the review. 24 Part 4 Patients subject to forensic 25 orders 26 211 Application of pt 4 27 (1) This part applies to a patient of an authorised mental health 28 service who is subject to a forensic order. 29 Page 174

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 4 Patients subject to forensic orders [s 212] (2) However, this part does not apply if the patient is a classified 1 patient. 2 Note-- 3 See part 6 in relation to classified patients. 4 212 Amendment of forensic order (mental health) or forensic 5 order (disability) to change category, limited community 6 treatment or conditions 7 (1) If the patient's forensic order is a forensic order (mental 8 health) or a forensic order (disability), an authorised doctor 9 may amend the patient's forensic order under this section in 10 any of the following ways-- 11 (a) to change the category of the order; 12 (b) to authorise or revoke, or change the nature or extent of, 13 limited community treatment; 14 (c) to impose a condition on, or change a condition of, the 15 order. 16 (2) The amendment must not be contrary to a decision of the 17 Mental Health Court or the tribunal. 18 Example of a decision that would be contrary to a decision of the Mental 19 Health Court or tribunal-- 20 authorising limited community treatment for the person to a greater 21 extent than the Mental Health Court or the tribunal has decided under 22 section 139(1)(c) or 443(2)(c) 23 (3) The authorised doctor may amend the order to increase the 24 extent of treatment in the community only if satisfied, after 25 having regard to the matters mentioned in subsection (4), that 26 there is not an unacceptable risk to the safety of the 27 community, because of the person's mental condition, 28 including the risk of serious harm to other persons or property. 29 (4) The matters to which the authorised doctor must have regard 30 are-- 31 (a) the patient's relevant circumstances; and 32 Page 175

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 4 Patients subject to forensic orders [s 213] (b) for an amendment mentioned in subsection (1)(b)--the 1 purpose of limited community treatment; and 2 (c) the nature of the relevant unlawful act and the period of 3 time that has passed since the act happened. 4 213 Amendment of forensic order to change category to 5 inpatient 6 (1) This section applies if-- 7 (a) the category of the patient's forensic order is 8 community; and 9 (b) an authorised doctor reasonably believes-- 10 (i) there has been a material change in the patient's 11 mental state; and 12 (ii) the patient requires urgent treatment and care as an 13 inpatient in an authorised mental health service. 14 (2) Despite section 212(2), the authorised doctor may amend the 15 patient's forensic order to change the category of the order to 16 inpatient. 17 (3) The administrator of the patient's treating health service must, 18 as soon as practicable after the forensic order is amended 19 under subsection (2), give the tribunal written notice of the 20 amendment. 21 Note-- 22 The tribunal must review the forensic order within 21 days after 23 receiving written notice of the amendment of the order. See section 24 431(4). 25 (4) Also, subsection (5) applies if, before the tribunal conducts, or 26 completes the hearing of, the review of the forensic order 27 mentioned in section 431(4), an authorised doctor amends the 28 order to change the category of the order to community. 29 (5) The administrator of the patient's treating health service must, 30 as soon as practicable after the forensic order is amended, give 31 the tribunal written notice of the amendment. 32 Page 176

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 4 Patients subject to forensic orders [s 214] Note-- 1 Under section 435, the tribunal is not required to conduct, or complete 2 the hearing of, the review. 3 214 Limited community treatment for patient subject to 4 forensic order (Criminal Code) 5 (1) An authorised doctor may authorise or revoke, or change the 6 nature or extent of, limited community treatment for the 7 patient if-- 8 (a) the patient's forensic order is a forensic order (Criminal 9 Code); and 10 (b) the chief psychiatrist has given written approval for the 11 limited community treatment. 12 (2) The authorised doctor may authorise or revoke, or change the 13 nature or extent of, limited community treatment only if 14 satisfied, after having regard to the matters mentioned in 15 subsection (4), that there is not an unacceptable risk to the 16 safety of the community, because of the person's mental 17 condition, including the risk of serious harm to other persons 18 or property. 19 (3) The chief psychiatrist may give written approval for the 20 limited community treatment only if satisfied, after having 21 regard to the matters mentioned in subsection (4), that there is 22 not an unacceptable risk to the safety of the community, 23 because of the person's mental condition, including the risk of 24 serious harm to other persons or property. 25 (4) The matters to which the authorised doctor or chief 26 psychiatrist must have regard are-- 27 (a) the patient's relevant circumstances; and 28 (b) the purpose of limited community treatment; and 29 (c) the nature of the relevant unlawful act and the period of 30 time that has passed since the act happened. 31 Page 177

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 5 Patients subject to treatment support orders [s 215] (5) The limited community treatment ends on the day the tribunal 1 makes a decision under section 459 in relation to the patient's 2 forensic order (Criminal Code). 3 Part 5 Patients subject to treatment 4 support orders 5 215 Application of pt 5 6 (1) This part applies to a patient of an authorised mental health 7 service who is subject to a treatment support order. 8 (2) However, this part does not apply if the patient is a classified 9 patient. 10 Note-- 11 See part 6 for provisions applying to classified patients. 12 216 Amendment of treatment support order to change 13 category, limited community treatment or conditions 14 (1) An authorised doctor may amend the patient's treatment 15 support order under this section in any of the following 16 ways-- 17 (a) to change the category of the order; 18 (b) to authorise or revoke, or change the nature or extent of, 19 limited community treatment; 20 (c) to impose a condition on, or change a condition of, the 21 order. 22 (2) However, the authorised doctor may change the category of 23 the order to inpatient only if the authorised doctor considers, 24 after having regard to the relevant circumstances of the 25 patient, that 1 or more of the following can not reasonably be 26 met if the category of the order is community-- 27 Page 178

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 5 Patients subject to treatment support orders [s 217] (a) the patient's treatment and care needs; 1 (b) the safety and welfare of the patient; 2 (c) the safety of others. 3 (3) Also, the authorised doctor may make the amendment only if 4 satisfied the amendment is appropriate having regard to-- 5 (a) the patient's relevant circumstances; and 6 (b) for an amendment mentioned in subsection (1)(b)--the 7 purpose of limited community treatment; and 8 (c)the nature of the relevant unlawful act and the amount of 9 time that has passed since the act happened. 10 (4) The amendment must not change a condition decided by the 11 Mental Health Court or tribunal, or be contrary to a decision 12 under section 145(6), 474 or 475(4). 13 (5) If limited community treatment is authorised under this 14 section, the patient's treatment support order must state-- 15 (a) the nature and conditions of the limited community 16 treatment; and 17 (b) the period, of not more than 7 consecutive days, for 18 which limited community treatment is authorised; and 19 (c) the duration for which the order is in force. 20 Example for paragraphs (b) and (c)-- 21 limited community treatment may be authorised for a period of 1 day 22 per week for a duration of 8 weeks 23 (6) The authorised doctor must tell the patient of any proposed 24 amendment of the patient's treatment support order and 25 explain the effect of the amendment to the patient. 26 217 Amendment of treatment support order to change 27 category to inpatient 28 (1) This section applies if-- 29 Page 179

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 5 Patients subject to treatment support orders [s 217] (a) the category of the patient's treatment support order is 1 community; and 2 (b) an authorised doctor reasonably believes-- 3 (i) there has been a material change in the patient's 4 mental state; and 5 (ii) the patient requires urgent treatment and care as an 6 inpatient in an authorised mental health service. 7 (2) Despite section 216, the authorised doctor may amend the 8 patient's treatment support order to change the category of the 9 order to inpatient. 10 (3) The administrator of the patient's treating health service must, 11 as soon as practicable after the treatment support order is 12 amended under subsection (2), give the tribunal written notice 13 of the amendment. 14 Note-- 15 The tribunal must review the treatment support order within 14 days 16 after receiving written notice of the amendment of the order. See section 17 463(4). 18 (4) Also, subsection (5) applies if, before the tribunal conducts, or 19 completes the hearing of, the review of the treatment support 20 order mentioned in section 463(4), an authorised doctor 21 amends the order to change the category of the order to 22 community. 23 (5) The administrator of the patient's treating health service must, 24 as soon as practicable after the treatment support order is 25 amended, give the tribunal written notice of the amendment. 26 Note-- 27 Under section 467, the tribunal is not required to conduct, or complete 28 the hearing of, the review. 29 Page 180

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 6 Classified patients and patients subject to judicial orders [s 218] Part 6 Classified patients and patients 1 subject to judicial orders 2 218 Application of pt 6 3 This part applies to each of the following patients of an 4 authorised mental health service if the patient is detained at 5 the service-- 6 (a) a classified patient; 7 (b) a patient subject to a judicial order. 8 219 Authorisation of limited community treatment 9 (1) An authorised doctor may authorise limited community 10 treatment for the patient if-- 11 (a) the chief psychiatrist has given written approval for the 12 limited community treatment; and 13 (b) the authorised doctor is satisfied the patient is unlikely 14 to abscond from the authorised mental health service 15 while receiving the limited community treatment. 16 (2) The chief psychiatrist may give written approval under 17 subsection (1)(a) if the chief psychiatrist is satisfied the 18 patient is unlikely to abscond from the authorised mental 19 health service while receiving the limited community 20 treatment. 21 (3) For this section, the patient's limited community treatment 22 must be confined to the grounds and buildings of the 23 authorised mental health service in which the patient is 24 detained. 25 (4) The patient must remain in the physical presence of a health 26 service employee while the patient is receiving the limited 27 community treatment. 28 Page 181

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 7 Obligations in relation to treatment in the community [s 220] Part 7 Obligations in relation to 1 treatment in the community 2 220 Patient's obligations to be recorded and explained 3 (1) This section applies if a patient who is subject to a treatment 4 authority, forensic order or treatment support order is 5 authorised under this Act to receive treatment in the 6 community outside an authorised mental health service. 7 (2) An authorised doctor must decide-- 8 (a) the treatment and care to be provided to the patient 9 while receiving the treatment in the community; and 10 (b) the patient's obligations while receiving the treatment in 11 the community, including, for example, obligations to 12 attend scheduled appointments with the patient's 13 treating health service. 14 (3) In deciding the matters mentioned in subsection (2), the 15 authorised doctor must discuss the matters with the person. 16 (4) Before the patient physically leaves the authorised mental 17 health service to receive the treatment in the community, the 18 authorised doctor must-- 19 (a) explain to the patient the matters mentioned in 20 subsection (2); and 21 (b) record in the patient's health records the matters 22 mentioned in subsection (2); and 23 (c) give the patient a written notice summarising the matters 24 mentioned in subsection (2). 25 (5) An authorised doctor is required to comply with subsection 26 (4) only once for each type of treatment in the community 27 authorised for the patient under this Act. 28 Example-- 29 If a patient is authorised to receive treatment in the community in the 30 form of day leave on each day of 1 week, an authorised doctor for the 31 Page 182

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 7 Obligations in relation to treatment in the community [s 221] authorised mental health service is required to comply with subsection 1 (4) only once, and not on each day of the week. 2 (6) This section does not apply if the treatment in the community 3 authorised for the patient under this Act is escorted day leave. 4 (7) In this section-- 5 escorted day leave, for a patient in an authorised mental health 6 service, means the patient, for a period of not more than 1 day 7 and not overnight-- 8 (a) is authorised to be physically away from the service; and 9 (b) is required to remain in the physical presence of a health 10 service employee while physically away from the 11 service. 12 221 Chief psychiatrist may approve temporary absence 13 (1) This section applies to each of the following patients-- 14 (a) a patient subject to a forensic order if the category is 15 inpatient; 16 (b) a classified patient; 17 (c) a patient subject to a judicial order. 18 (2) The chief psychiatrist may approve the patient's temporary 19 absence from an authorised mental health service-- 20 (a) to receive medical, dental or other health treatment; or 21 (b) to appear before a court, tribunal or other body; or 22 (c) to look for accommodation for the patient for when the 23 patient is discharged from the service; or 24 (d) for a purpose based on compassionate grounds; or 25 (e) for another purpose the chief psychiatrist is satisfied 26 justifies approving the absence. 27 (3) As soon as practicable after approving the temporary absence, 28 the chief psychiatrist must give written notice of the approval 29 to the administrator of the authorised mental health service. 30 Page 183

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 8 Advance health directives, nominated support persons and records system [s 222] (4) The written notice must state-- 1 (a) the approved period of temporary absence; and 2 (b) any conditions to which the approval is subject, 3 including, for example, that the patient remain in the 4 physical presence of a stated person for the period of the 5 temporary absence. 6 (5) If the patient does not return to the authorised mental health 7 service after the approved period of temporary absence, an 8 authorised person may transport the patient to the authorised 9 mental health service. 10 Note-- 11 For the powers of an authorised person when detaining and transporting 12 a person, see chapter 11, part 6, division 5. 13 Part 8 Advance health directives, 14 nominated support persons 15 and records system 16 Division 1 Advance health directives 17 222 Advance health directive may include views about 18 treatment and care 19 (1) This section applies if, by an advance health directive, a 20 principal gives a direction about health matters or special 21 health matters, or appoints an attorney to exercise power for 22 health matters, relating to the principal's future treatment and 23 care for a mental illness. 24 Note-- 25 An advance health directive may be made under the Powers of Attorney 26 Act 1998 only by an adult. 27 Page 184

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 8 Advance health directives, nominated support persons and records system [s 223] (2) Without limiting the Powers of Attorney Act 1998, section 1 35(1)(b), the advance health directive may include the 2 principal's views, wishes and preferences about the principal's 3 future treatment and care for a mental illness. 4 Note-- 5 Views, wishes and preferences about treatment and care expressed in an 6 advance health directive must be taken into account under section 53 in 7 deciding the nature and extent of treatment and care to be provided 8 under a treatment authority. 9 (3) In this section-- 10 health matter see the Powers of Attorney Act 1998, schedule 11 2, section 4. 12 principal see the Powers of Attorney Act 1998, section 5. 13 special health matter see the Powers of Attorney Act 1998, 14 schedule 2, section 6. 15 Division 2 Nominated support persons 16 223 Who is a nominated support person 17 (1) A person is a nominated support person of another person 18 (the appointing person) if-- 19 (a) the person has been appointed, by written notice, as a 20 nominated support person by the appointing person; and 21 (b) the appointing person had capacity to make the 22 appointment at the time of the appointment; and 23 (c) a record for the appointment is kept in the records 24 system. 25 (2) The appointing person may appoint no more than 2 nominated 26 support persons. 27 (3) The appointing person may revoke the appointment of a 28 nominated support person by written notice given to the 29 nominated support person. 30 Page 185

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 8 Advance health directives, nominated support persons and records system [s 224] (4) A revocation takes effect only if the appointing person has 1 capacity to revoke the appointment at the time of the 2 revocation. 3 (5) A nominated support person may resign by written notice 4 given to the appointing person. 5 (6) For this section, a person has capacity to make or revoke an 6 appointment of a nominated support person if the person has 7 the ability to-- 8 (a) understand the nature and effect of the appointment or 9 revocation; and 10 (b) make and communicate the appointment or revocation. 11 224 Functions of nominated support person 12 A nominated support person may, if the appointing person is 13 or becomes an involuntary patient, do any of the following-- 14 (a) receive notices for the appointing person under this Act; 15 (b) receive confidential information, under the Hospital and 16 Health Boards Act 2011, relating to the appointing 17 person; 18 (c) request a psychiatrist report under section 90; 19 (d) to the extent permitted under chapter 12 or 16-- 20 (i) act as the appointing person's support person in the 21 tribunal; or 22 (ii) represent the appointing person in the tribunal. 23 Division 3 Records system 24 225 Chief psychiatrist to maintain records system 25 (1) The chief psychiatrist must establish and maintain a system 26 (the records system) for keeping electronic records of-- 27 Page 186

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 8 Advance health directives, nominated support persons and records system [s 226] (a) advance health directives; and 1 (b) enduring powers of attorney for a personal matter; and 2 (c) appointments of nominated support persons. 3 (2) The records system must be capable of keeping an electronic 4 record for a matter mentioned in subsection (1) consisting 5 of-- 6 (a) a record stating the directive, power of attorney or 7 appointment has been made by a stated person on a 8 stated date; and 9 (b) an electronic copy of the directive, power of attorney or 10 notice of appointment. 11 226 Request to keep record 12 (1) This section applies if a person-- 13 (a) makes an advance health directive, or enduring power of 14 attorney for a personal matter, relating to the person's 15 future treatment and care for a mental illness; or 16 (b) appoints a nominated support person. 17 (2) The person may-- 18 (a) give the administrator of an authorised mental health 19 service a copy of the directive, power of attorney or 20 notice of appointment; and 21 (b) ask the administrator to keep a record for the matter in 22 the records system. 23 (3) The administrator must-- 24 (a) comply with the request; and 25 (b) on complying with the request, give the person written 26 notice confirming compliance with the request. 27 Page 187

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 8 Advance health directives, nominated support persons and records system [s 227] 227 Requirement to give notice--matters relating to advance 1 health directive 2 (1) This section applies if-- 3 (a) a record for an advance health directive or enduring 4 power of attorney for a personal matter is kept in the 5 records system; and 6 (b) under the Powers of Attorney Act 1998-- 7 (i) the directive or power of attorney is revoked by the 8 person who made it, including, to the extent of an 9 inconsistency, by the making of a later advance 10 health directive or power of attorney; or 11 (ii) to the extent the directive or power or attorney 12 gives power to an attorney for a matter--the 13 attorney resigns. 14 (2) The person must give the administrator of an authorised 15 mental health service written notice of the revocation or 16 resignation. 17 (3) If subsection (1)(b)(ii) applies, the person is taken to have 18 complied with subsection (2) if the attorney gives the 19 administrator of an authorised mental health service written 20 notice of the resignation. 21 (4) On receiving a notice under subsection (2) or (3), the 22 administrator must remove or, for an inconsistency mentioned 23 in subsection (1)(b)(i), update the record for the advance 24 health directive or power of attorney in the records system. 25 228 Requirement to give notice--revocation of appointment 26 of nominated support person 27 (1) This section applies if-- 28 (a) a record for an appointment of a nominated support 29 person is kept in the records system; and 30 (b) the appointment is revoked by the person who made it. 31 Page 188

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 8 Advance health directives, nominated support persons and records system [s 229] (2) The person must give the administrator of an authorised 1 mental health service written notice of the revocation. 2 (3) On receiving the notice, the administrator must remove the 3 record for the appointment from the records system. 4 229 Requirement to give notice--resignation of nominated 5 support person 6 (1) This section applies if-- 7 (a) a record for an appointment of a nominated support 8 person is kept in the records system; and 9 (b) the person resigns as nominated support person. 10 (2) The person must give the administrator of an authorised 11 mental health service written notice of the resignation. 12 (3) On receiving the notice, the administrator must remove the 13 record for the appointment from the records system. 14 230 Copy in records system is proof 15 (1) This section applies if a record for an advance health directive 16 or enduring power of attorney for a personal matter is kept in 17 the records system. 18 (2) The directive or power of attorney may be proved by a copy 19 produced from the records system. 20 Note-- 21 See also the Powers of Attorney Act 1998, section 45 for other ways in 22 which the directive or power of attorney may be proved. 23 Page 189

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 9 Regulated treatment [s 231] Part 9 Regulated treatment 1 Division 1 Preliminary 2 231 Meaning of regulated treatment 3 In this part-- 4 regulated treatment means-- 5 (a) electroconvulsive therapy; or 6 (b) a non-ablative neurosurgical procedure. 7 Division 2 Informed consent 8 232 Requirements for informed consent 9 (1) A person gives informed consent to the person's treatment by 10 regulated treatment only if-- 11 (a) the person has capacity to give consent to the treatment; 12 and 13 (b) the consent is in writing signed by the person; and 14 (c) the consent is given freely and voluntarily. 15 (2) For subsection (1)(a), the person has capacity to give consent 16 to the treatment if the person has the ability to-- 17 (a) understand the nature and effect of a decision relating to 18 the treatment; and 19 (b) make and communicate the decision. 20 (3) A person can give informed consent in an advance health 21 directive. 22 Page 190

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 9 Regulated treatment [s 233] 233 Explanation to be given 1 Before a person gives informed consent to the person's 2 treatment by regulated treatment, the doctor proposing to 3 provide the treatment must give the person a full explanation, 4 in a form and language able to be understood by the person, 5 about-- 6 (a) the purpose, method, likely duration and expected 7 benefit of the treatment; and 8 (b) possible pain, discomfort, risks and side effects 9 associated with the treatment; and 10 (c) alternative methods of treatment available to the person; 11 and 12 (d) the consequences of not receiving treatment. 13 Division 3 Electroconvulsive therapy 14 234 Offence to perform electroconvulsive therapy 15 A person must not perform electroconvulsive therapy on 16 another person other than under this Act. 17 Maximum penalty--200 penalty units or 2 years 18 imprisonment. 19 235 Performance of electroconvulsive therapy with consent 20 or tribunal approval 21 (1) A doctor for an authorised mental health service may perform 22 electroconvulsive therapy on a patient in the authorised 23 mental health service if-- 24 (a) the patient is an adult and has given informed consent to 25 the treatment; or 26 (b) the patient is an adult, who is unable to give informed 27 consent to the treatment, and the tribunal has approved 28 under section 507 the performance of the therapy on the 1 Page 191

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 9 Regulated treatment [s 236] adult; or 2 (c) the patient is a minor and the tribunal has approved 3 under section 507 the performance of the therapy on the 4 minor. 5 (2) If a doctor makes an application under section 505 to the 6 tribunal for approval to perform the therapy on the patient, the 7 doctor must, as soon as practicable after the application is 8 made and to the extent practicable-- 9 (a) tell the patient the application has been made; and 10 (b) explain the application to the patient. 11 236 Performance of electroconvulsive therapy in emergency 12 (1) This section applies to the following (each a relevant 13 patient)-- 14 (a) an involuntary patient subject to a treatment authority, 15 forensic order or treatment support order; 16 (b) a person from another State detained in an authorised 17 mental health service under section 366(4). 18 (2) A doctor for an authorised mental health service may perform 19 electroconvulsive therapy on the relevant patient in the 20 authorised mental health service if-- 21 (a) a certificate under subsection (3) is in force for the 22 relevant patient; and 23 (b) an application under section 505 has been made to the 24 tribunal to perform electroconvulsive therapy on the 25 relevant patient and is not decided. 26 (3) The doctor and the senior medical administrator of the 27 relevant patient's treating health service may certify in writing 28 that performing electroconvulsive therapy on the relevant 29 patient is necessary-- 30 (a) to save the relevant patient's life; or 31 Page 192

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 9 Regulated treatment [s 237] (b) to prevent the relevant patient from suffering irreparable 1 harm. 2 (4) A certificate given under subsection (3) is in force for the 3 period that-- 4 (a) starts on the day the application under section 505 is 5 made; and 6 (b) ends on the day the application under section 505 is 7 decided. 8 Note-- 9 Section 725(a) provides that an application under section 505 must be 10 heard as soon as practicable after the application is made. 11 Division 4 Non-ablative neurosurgical 12 procedures 13 237 Offence to perform non-ablative neurosurgical procedure 14 (1) A person must not perform a non-ablative neurosurgical 15 procedure on another person for the purpose of treating the 16 other person's mental illness other than under this Act. 17 Maximum penalty--200 penalty units or 2 years 18 imprisonment. 19 (2) To remove any doubt, it is declared that, for subsection (1), 20 none of the following is a mental illness-- 21 (a) chronic tic disorder, dystonia, epilepsy, Gilles de la 22 Tourette syndrome, Parkinson's disease or tremor; 23 (b) another neurological disorder prescribed by regulation. 24 238 Performance of non-ablative neurosurgical procedure 25 with consent and tribunal approval 26 A doctor for an authorised mental health service may perform 27 a non-ablative neurosurgical procedure on a person in the 28 authorised mental health service if-- 29 Page 193

Mental Health Bill 2015 Chapter 7 Treatment and care of patients Part 10 Prohibited treatment [s 239] (a) the person has given informed consent to the treatment; 1 and 2 (b) the tribunal has approved under section 510 the 3 performance of the procedure on the person. 4 Example of a non-ablative neurosurgical procedure-- 5 deep brain stimulation 6 Part 10 Prohibited treatment 7 239 Particular therapies prohibited 8 A person must not administer to another person-- 9 (a) insulin induced coma therapy; or 10 (b) deep sleep therapy. 11 Maximum penalty--200 penalty units or 2 years 12 imprisonment. 13 240 Psychosurgery prohibited 14 A person must not perform psychosurgery on another person. 15 Maximum penalty--200 penalty units or 2 years 16 imprisonment. 17 Page 194

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 1 Preliminary [s 241] Chapter 8 Use of mechanical restraint, 1 seclusion, physical 2 restraint and other 3 practices 4 Part 1 Preliminary 5 241 Purpose of ch 8 6 The purpose of this chapter is to provide for restrictions on the 7 use of mechanical restraint, seclusion and physical restraint, 8 and the appropriate use of medication, on patients in 9 authorised mental health services. 10 Notes-- 11 1 See section 372 for the power to administer medication to a person 12 for the purpose of transporting the person. 13 2 See section 373 for the power to use mechanical restraint on an 14 involuntary patient for the purpose of transporting the patient. 15 242 Definitions for ch 8 16 In this chapter-- 17 approved device means a device approved by the chief 18 psychiatrist, including, for example, in the restraint, seclusion 19 and other practices policy. 20 mechanical restraint see section 243. 21 medication, for part 5, division 2, see section 270. 22 patient means-- 23 (a) an involuntary patient; or 24 (b) a person receiving treatment and care for a mental 25 illness in an authorised mental health service, other than 26 as an involuntary patient, including a person receiving 27 Page 195

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 2 Mechanical restraint [s 243] treatment and care under an advance health directive or 1 with the consent of a personal guardian or attorney. 2 physical restraint see section 267. 3 reduction and elimination plan see section 263. 4 relevant patient means-- 5 (a) an involuntary patient in an authorised mental health 6 service who is subject to a treatment authority, forensic 7 order or treatment support order; or 8 (b) a person from another State detained in an authorised 9 mental health service under section 366(4). 10 required information means information required by the 11 chief psychiatrist in the restraint, seclusion and other practices 12 policy. 13 required time and way means the time and way required by 14 the chief psychiatrist in the restraint, seclusion and other 15 practices policy. 16 seclusion see section 253. 17 unit, within an authorised mental health service, includes an 18 emergency department or other assessment or treatment unit 19 within the service. 20 Part 2 Mechanical restraint 21 Division 1 Preliminary 22 243 Meaning of mechanical restraint 23 (1) Mechanical restraint is the restraint of a person by the 24 application of a device to the person's body, or a limb of the 25 person, to restrict the person's movement. 26 Page 196

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 2 Mechanical restraint [s 244] (2) However, mechanical restraint does not include-- 1 (a) the appropriate use of a medical or surgical appliance in 2 the treatment of physical illness or injury; or 3 (b) restraint of a person that is authorised or permitted 4 under a law other than this part. 5 Example for paragraph (b)-- 6 The restraint of a person by a police officer may be authorised 7 under the Police Powers and Responsibilities Act 2000, section 8 615. 9 244 Offence 10 A person must not use mechanical restraint on a patient in an 11 authorised mental health service other than under this Act. 12 Maximum penalty--200 penalty units. 13 Division 2 Authorised mechanical restraint 14 245 Requirements for use of mechanical restraint on relevant 15 patients 16 (1) This section applies to a relevant patient. 17 (2) An authorised doctor, or a health practitioner authorised by an 18 authorised doctor, may use mechanical restraint on the 19 relevant patient in the authorised mental health service if-- 20 (a) the authorised mental health service is-- 21 (i) a high security unit; or 22 (ii) another authorised mental health service approved 23 by the chief psychiatrist for the purposes of this 24 part; and 25 (b) the device used is an approved device; and 26 Page 197

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 2 Mechanical restraint [s 246] (c) the chief psychiatrist has given approval under section 1 248 for an authorised doctor to authorise the use of 2 mechanical restraint on the relevant patient; and 3 (d) the use of mechanical restraint on the relevant patient is 4 authorised by an authorised doctor under section 249; 5 and 6 (e) the use of mechanical restraint on the relevant patient 7 complies with the restraint, seclusion and other practices 8 policy; and 9 (f) if a reduction and elimination plan for the relevant 10 patient has been approved under section 266--the use of 11 mechanical restraint on the relevant patient complies 12 with the plan; and 13 (g) the use of mechanical restraint on the relevant patient, 14 including applying the device to the relevant patient, is 15 with no more force than is necessary and reasonable in 16 the circumstances; and 17 (h) the relevant patient is observed continuously while 18 restrained. 19 246 Application for chief psychiatrist's approval 20 (1) An authorised doctor may apply to the chief psychiatrist for 21 an approval enabling the authorised doctor to authorise, under 22 section 249, the use of mechanical restraint on a relevant 23 patient in an authorised mental health service. 24 (2) The application must be in the approved form and state the 25 following-- 26 (a) the name of the relevant patient and the relevant 27 patient's treating health service; 28 (b) information about the relevant patient's mental 29 condition; 30 (c) the reasons why the authorised doctor considers there is 31 no other reasonably practicable way to protect the 32 relevant patient or others from physical harm; 33 Page 198

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 2 Mechanical restraint [s 247] (d) the period, of not more than 7 days, for which the 1 approval is sought; 2 (e) the approved device for which the approval is sought; 3 (f) any proposed limitations on the use of mechanical 4 restraint on the relevant patient; 5 (g) the way in which the relevant patient is to be observed 6 continuously while restrained. 7 (3) The application may include an application under section 265 8 for approval of a reduction and elimination plan for the 9 relevant patient. 10 247 Chief psychiatrist may require amendment of application 11 to include reduction and elimination plan 12 (1) This section applies if an application made by an authorised 13 doctor under section 246 does not include an application 14 under section 265 for approval of a reduction and elimination 15 plan for the relevant patient. 16 (2) The chief psychiatrist may, by written notice given to the 17 authorised doctor, require the authorised doctor to amend the 18 application to include an application under section 265 for 19 approval of a reduction and elimination plan for the relevant 20 patient. 21 248 Chief psychiatrist may approve authorisation of use of 22 mechanical restraint 23 (1) The chief psychiatrist may give approval enabling an 24 authorised doctor to authorise, under section 249, the use of 25 mechanical restraint on a relevant patient if the chief 26 psychiatrist is satisfied there is no other reasonably 27 practicable way to protect the relevant patient or others from 28 physical harm. 29 (2) The approval must state-- 30 Page 199

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 2 Mechanical restraint [s 249] (a) the period, of not more than 7 days, during which an 1 authorised doctor may authorise the use of mechanical 2 restraint on the relevant patient; and 3 (b) the approved device that must be used; and 4 (c) any limitations to be included in the authorisation 5 relating to the use of mechanical restraint on the relevant 6 patient; and 7 (d) the way in which the relevant patient must be observed 8 continuously while restrained; and 9 (e) any other conditions the chief psychiatrist considers 10 appropriate. 11 (3) The approval may include approval under section 266 of a 12 reduction and elimination plan for the relevant patient. 13 249 Authorisation of use of mechanical restraint by 14 authorised doctor 15 (1) An authorised doctor may authorise the use of mechanical 16 restraint on a relevant patient in an authorised mental health 17 service if the authorised doctor is satisfied-- 18 (a) there is no other reasonably practicable way to protect 19 the relevant patient or others from physical harm; and 20 (b) the authorisation complies with the approval given by 21 the chief psychiatrist under section 248; and 22 (c) the authorisation complies with the restraint, seclusion 23 and other practices policy; and 24 (d) if a reduction and elimination plan for the relevant 25 patient has been approved under section 266--the 26 authorisation complies with the plan. 27 (2) The authorisation must be in writing and state the following-- 28 (a) the period, of not more than 3 hours, during which 29 mechanical restraint may be used on the relevant 30 patient; 31 Page 200

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 2 Mechanical restraint [s 250] (b) the approved device that must be used; 1 (c) the time at which the use of mechanical restraint on the 2 relevant patient is to start (the start time); 3 (d) the time at which the use of mechanical restraint on the 4 relevant patient is to end (the end time); 5 (e) the measures that must be taken to ensure the health, 6 safety and comfort of the relevant patient; 7 (f) the way in which the relevant patient must be observed 8 continuously while restrained; 9 (g) whether a health practitioner may end the use of 10 mechanical restraint before the end time. 11 (3) The authorisation may state a start time that is immediately 12 after the end time of a previous authorisation. 13 (4) However, an authorisation may not be given if the total period 14 for which mechanical restraint has been or may have been 15 used on the relevant patient, under the authorisation and any 16 previous authorisation, is more than 9 hours in a 24-hour 17 period. 18 (5) Subsection (4) does not apply if a reduction and elimination 19 plan approved under section 266 provides for the use of 20 mechanical restraint on the relevant patient for more than 9 21 hours in a 24-hour period. 22 250 Duties of health practitioner in charge of unit 23 The health practitioner in charge of an inpatient unit or other 24 unit within an authorised mental health service must, if 25 mechanical restraint is used on a relevant patient while the 26 health practitioner is in charge of the unit-- 27 (a) ensure the use complies with the authorisation under 28 section 249; and 29 (b) ensure the relevant patient's reasonable needs are met, 30 including, for example, being given-- 31 (i) sufficient bedding and clothing; and 32 Page 201

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 2 Mechanical restraint [s 251] (ii) sufficient food and drink; and 1 (iii) access to toilet facilities; and 2 (c) record the required information about the use of 3 mechanical restraint on the relevant patient in the 4 required time and way. 5 251 Removal of mechanical restraint before authorisation 6 ends 7 (1) The chief psychiatrist must direct an authorised doctor, or the 8 health practitioner in charge of the unit, to end the use of 9 mechanical restraint on a relevant patient, before the end time 10 stated in the authorisation under section 249, if the chief 11 psychiatrist is satisfied the use of mechanical restraint on the 12 relevant patient is no longer necessary to protect the relevant 13 patient or others from physical harm. 14 (2) An authorised doctor must end the use of mechanical restraint 15 on a relevant patient, before the end time stated in the 16 authorisation under section 249, if the authorised doctor is 17 satisfied the use of mechanical restraint on the relevant patient 18 is no longer necessary to protect the relevant patient or others 19 from physical harm. 20 (3) The health practitioner in charge of the unit must end the use 21 of mechanical restraint on a relevant patient, before the end 22 time stated in the authorisation under section 249, if-- 23 (a) the authorisation states a health practitioner may end the 24 use of mechanical restraint before the end time; and 25 (b) the health practitioner is satisfied the use of mechanical 26 restraint on the relevant patient is no longer necessary to 27 protect the relevant patient or others from physical 28 harm. 29 (4) If the health practitioner in charge of the unit ends the use of 30 mechanical restraint under subsection (3), the health 31 practitioner must tell the authorised doctor who gave the 32 authorisation as soon as practicable after the use is ended. 33 Page 202

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 3 Seclusion [s 252] 252 Reuse of mechanical restraint 1 (1) This section applies if an authorised doctor or the health 2 practitioner in charge of the unit ends the use of mechanical 3 restraint under section 251. 4 (2) The authorised doctor or health practitioner may, at any time 5 before the end time stated in the authorisation under section 6 249, reuse mechanical restraint on the relevant patient if 7 satisfied there is no other reasonably practicable way to 8 protect the relevant patient or others from physical harm. 9 (3) The reuse must comply with the authorisation under section 10 249 including the end time stated in the authorisation. 11 (4) If the health practitioner in charge of the unit reuses 12 mechanical restraint under subsection (2), the health 13 practitioner must tell the authorised doctor who gave the 14 authorisation as soon as practicable after the reuse. 15 Part 3 Seclusion 16 Division 1 Preliminary 17 253 Meaning of seclusion 18 (1) Seclusion is the confinement of a person, at any time of the 19 day or night, alone in a room or area from which free exit is 20 prevented. 21 (2) However, seclusion does not include-- 22 (a) confinement of a person in a high security unit, or in 23 another authorised mental health service approved by 24 the chief psychiatrist for the purposes of this part, if the 25 confinement is-- 26 Page 203

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 3 Seclusion [s 254] (i) for a period, approved by the administrator of the 1 service, of not more than 10 hours between 8p.m. 2 and 8a.m.; and 3 (ii) for security purposes; or 4 (b) confinement that is authorised under a law other than 5 this part. 6 254 Offence 7 A person must not keep a patient in seclusion in an authorised 8 mental health service other than under this Act. 9 Maximum penalty--200 penalty units. 10 Division 2 Authorised seclusion 11 255 Requirements for seclusion of relevant patients 12 (1) This section applies to a relevant patient. 13 (2) An authorised doctor, or a health practitioner authorised by an 14 authorised doctor, may keep the relevant patient in seclusion 15 in the authorised mental health service if-- 16 (a) the seclusion of the relevant patient is authorised by an 17 authorised doctor under section 257 or 258; and 18 (b) if a written direction about seclusion has been given 19 under section 256 to the authorised mental health 20 service--the seclusion of the relevant patient complies 21 with the direction; and 22 (c) the seclusion of the relevant patient complies with the 23 restraint, seclusion and other practices policy; and 24 (d) if a reduction and elimination plan for the relevant 25 patient has been approved under section 266--the 26 seclusion of the relevant patient complies with the plan; 27 and 28 Page 204

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 3 Seclusion [s 256] (e) the seclusion of the relevant patient is done with no 1 more force than is necessary and reasonable in the 2 circumstances; and 3 (f) the relevant patient is observed, while kept in seclusion, 4 either-- 5 (i) continuously; or 6 (ii) at intervals of not more than 15 minutes. 7 256 Chief psychiatrist may give written direction about 8 seclusion 9 The chief psychiatrist may give an authorised mental health 10 service a written direction stating any of the following-- 11 (a) that no relevant patients may be kept in seclusion; 12 (b) that a class of relevant patients may not be kept in 13 seclusion; 14 (c) that a particular relevant patient may not be kept in 15 seclusion; 16 (d) requirements about the way in which all relevant 17 patients, a class of relevant patients, or a particular 18 relevant patient are to be kept in seclusion; 19 (e) that all relevant patients, a class of relevant patients, or a 20 particular relevant patient may be kept in seclusion only 21 if the seclusion is provided for under a reduction and 22 elimination plan for the relevant patient approved under 23 section 266. 24 257 Authorisation of seclusion by authorised doctor 25 (1) An authorised doctor may authorise the seclusion of a relevant 26 patient in an authorised mental health service if the authorised 27 doctor is satisfied-- 28 (a) there is no other reasonably practicable way to protect 29 the relevant patient or others from physical harm; and 30 Page 205

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 3 Seclusion [s 257] (b) if a written direction about seclusion has been given 1 under section 256 to the authorised mental health 2 service--the seclusion complies with the direction; and 3 (c) the seclusion of the relevant patient complies with the 4 restraint, seclusion and other practices policy; and 5 (d) if a reduction and elimination plan for the relevant 6 patient has been approved under section 266--the 7 seclusion of the relevant patient complies with the plan. 8 (2) The authorisation must be in writing and state the following-- 9 (a) the period, of not more than 3 hours, during which the 10 relevant patient may be kept in seclusion; 11 (b) the time at which the seclusion of the relevant patient is 12 to start (the start time); 13 (c) the time at which the seclusion of the relevant patient is 14 to end (the end time); 15 (d) the measures that must be taken to ensure the health, 16 safety and comfort of the relevant patient; 17 (e) the way in which the relevant patient must be observed 18 while kept in seclusion including whether the relevant 19 patient must be observed continuously or at stated 20 intervals of not more than 15 minutes; 21 (f) whether a health practitioner may remove the relevant 22 patient from seclusion before the end time. 23 (3) The authorisation may state a start time that is immediately 24 after the end time of a previous authorisation. 25 (4) However, an authorisation may not be given if the total period 26 for which the relevant patient has been or may be kept in 27 seclusion, under the authorisation and any previous 28 authorisation, and under section 262, is more than 9 hours in a 29 24-hour period. 30 (5) Subsection (4) does not apply if a reduction and elimination 31 plan approved under section 266 provides for the seclusion of 32 the relevant patient, including under section 262, for more 1 Page 206

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 3 Seclusion [s 258] than 9 hours in a 24-hour period. 2 258 Extension of period of seclusion 3 (1) This section applies if the total period for which a relevant 4 patient has been or may be kept in seclusion in an authorised 5 mental health service under an authorisation made under 6 section 257 is more than 9 hours in a 24-hour period. 7 (2) An authorised doctor for the authorised mental health service 8 may extend the period during which the relevant patient may 9 be kept in seclusion, for a further period of not more than 12 10 hours, if-- 11 (a) the authorised doctor is satisfied-- 12 (i) of the matters mentioned in section 257(1)(a) to 13 (d); and 14 (ii) it has not been reasonably practicable for a 15 reduction and elimination plan for the relevant 16 patient to be approved during the 9 hours; and 17 (b) the senior medical administrator of the authorised 18 mental health service, upon being satisfied of the 19 matters mentioned in paragraph (a), has given written 20 approval for the extension. 21 (3) The extension must be in writing and state the following-- 22 (a) the further period, of not more than 12 hours, during 23 which the relevant patient may be kept in seclusion; 24 (b) the time at which the further period of seclusion of the 25 relevant patient is to start (the start time); 26 (c) the time at which the further period of seclusion of the 27 relevant patient is to end (the end time); 28 (d) the measures that must be taken to ensure the health, 29 safety and comfort of the relevant patient; 30 (e) the way in which the relevant patient must be observed 31 while kept in the further period of seclusion, including 32 whether the relevant patient must be observed 1 Page 207

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 3 Seclusion [s 259] continuously or at stated intervals of not more than 15 2 minutes; 3 (f) whether a health practitioner may remove the relevant 4 patient from seclusion before the end time. 5 (4) As soon as practicable after giving the extension, the senior 6 medical administrator must-- 7 (a) notify the chief psychiatrist of the extension; and 8 (b) make an application under section 265 for a reduction 9 and elimination plan for the relevant patient. 10 (5) The power under this section to extend a period during which 11 a relevant patient may be kept in seclusion may only be 12 exercised once for each occasion the relevant patient receives 13 treatment and care in the authorised mental health service. 14 259 Duties of health practitioner in charge of unit 15 The health practitioner in charge of an inpatient unit or other 16 unit within an authorised mental health service must, if the 17 relevant patient is kept in seclusion while the health 18 practitioner is in charge of the unit-- 19 (a) ensure the seclusion complies with the authorisation 20 under section 257 or 258; and 21 (b) ensure the relevant patient's reasonable needs are met, 22 including, for example, being given-- 23 (i) sufficient bedding and clothing; and 24 (ii) sufficient food and drink; and 25 (iii) access to toilet facilities; and 26 (c) record the required information about the seclusion of 27 the relevant patient in the required time and way. 28 Page 208

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 3 Seclusion [s 260] 260 Removal from seclusion before authorisation ends 1 (1) The chief psychiatrist must direct an authorised doctor, or the 2 health practitioner in charge of the unit, to remove a relevant 3 patient from seclusion, before the end time stated in the 4 authorisation under section 257 or 258, if the chief 5 psychiatrist is satisfied that seclusion of the relevant patient is 6 no longer necessary to protect the relevant patient or others 7 from physical harm. 8 (2) An authorised doctor must remove a relevant patient from 9 seclusion, before the end time stated in the authorisation 10 under section 257 or 258, if the authorised doctor is satisfied 11 that seclusion of the relevant patient is no longer necessary to 12 protect the relevant patient or others from physical harm. 13 (3) The health practitioner in charge of the unit must remove a 14 relevant patient from seclusion, before the end time stated in 15 the authorisation under section 257 or 258, if-- 16 (a) the authorisation states a health practitioner may remove 17 the relevant patient from seclusion before the end time; 18 and 19 (b) the health practitioner is satisfied that seclusion of the 20 relevant patient is no longer necessary to protect the 21 relevant patient or others from physical harm. 22 (4) If the health practitioner in charge of the unit removes a 23 relevant patient from seclusion under subsection (3), the 24 health practitioner must tell the authorised doctor who gave 25 the authorisation as soon as practicable after the removal. 26 261 Return to seclusion after removal 27 (1) This section applies if an authorised doctor or the health 28 practitioner in charge of the unit removes a relevant patient 29 from seclusion under section 260. 30 (2) The authorised doctor or health practitioner may, at any time 31 before the end time stated in the authorisation under section 32 257 or 258, return the relevant patient to seclusion if satisfied 33 Page 209

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 3 Seclusion [s 262] there is no other reasonably practicable way to protect the 1 relevant patient or others from physical harm. 2 (3) The return to seclusion must comply with the authorisation 3 under section 257 or 258 including the end time stated in the 4 authorisation. 5 (4) If the health practitioner in charge of the unit returns the 6 relevant patient to seclusion under subsection (2), the health 7 practitioner must tell the authorised doctor who gave the 8 authorisation as soon as practicable after the return. 9 Division 3 Emergency seclusion 10 262 Requirements for emergency seclusion by health 11 practitioner in charge of unit 12 (1) The health practitioner in charge of an inpatient unit or other 13 unit within an authorised mental health service, or an 14 appropriately qualified person authorised by the health 15 practitioner, may keep a relevant patient in seclusion in the 16 unit if-- 17 (a) the health practitioner is satisfied-- 18 (i) there is no other reasonably practicable way to 19 protect the relevant patient or others from physical 20 harm; and 21 (ii) if a written direction about seclusion has been 22 given under section 256 to the authorised mental 23 health service--the seclusion of the relevant 24 patient complies with the direction; and 25 (iii) it is not practicable in the circumstances for an 26 authorised doctor to authorise the seclusion of the 27 relevant patient under section 257; and 28 (b) the relevant patient is observed continuously during the 29 seclusion; and 30 (c) the seclusion is for a period of not more than 1 hour; and 31 Page 210

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 4 Reduction and elimination plans [s 263] (d) as soon as practicable after the start of the seclusion, the 1 health practitioner tells an authorised doctor of the 2 seclusion. 3 (2) The authorised doctor notified under subsection (1)(d) must-- 4 (a) examine the relevant patient; or 5 (b) ensure the relevant patient is examined by another 6 authorised doctor. 7 (3) The authorised doctor who examines the relevant patient must 8 decide whether to authorise the seclusion of the relevant 9 patient under section 257. 10 (4) Subject to subsection (1)(c), seclusion of the relevant patient 11 under this section ends when the authorised doctor makes the 12 decision mentioned in subsection (3). 13 (5) This section does not prevent the health practitioner in charge 14 of the unit removing the relevant patient from seclusion before 15 the end of the period mentioned in subsection (1)(c), if 16 satisfied seclusion is no longer necessary to protect the 17 relevant patient or others from physical harm. 18 (6) Removal of the relevant patient from seclusion under 19 subsection (5) does not affect the authorised doctor's 20 obligation under subsection (2). 21 (7) The relevant patient may be kept in seclusion under this 22 section for not more than 3 hours in a 24-hour period. 23 Part 4 Reduction and elimination 24 plans 25 263 What is a reduction and elimination plan 26 A reduction and elimination plan is a written plan, for a 27 relevant patient, developed by an authorised doctor that 28 Page 211

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 4 Reduction and elimination plans [s 264] provides for the reduction and elimination of either or both of 1 the following-- 2 (a) the use of mechanical restraint on the relevant patient; 3 (b) the seclusion of the relevant patient. 4 264 Content of plan 5 A reduction and elimination plan must include-- 6 (a) the name of the relevant patient; and 7 (b) information, if any, about-- 8 (i) the previous use of mechanical restraint on, or 9 seclusion of, the relevant patient; and 10 (ii) strategies previously used to reduce the use of 11 mechanical restraint on, or seclusion of, the 12 relevant patient; and 13 (iii) the effectiveness of the strategies mentioned in 14 subparagraph (ii); and 15 (c) information about the strategies proposed to reduce, and 16 eliminate, the use of mechanical restraint on, or 17 seclusion of, the relevant patient in the future. 18 265 Application for chief psychiatrist's approval of plan 19 An authorised doctor may apply to the chief psychiatrist for 20 approval of a reduction and elimination plan for a relevant 21 patient. 22 266 Chief psychiatrist may approve plan 23 (1) The chief psychiatrist may approve the reduction and 24 elimination plan for the relevant patient if the chief 25 psychiatrist is satisfied the strategies mentioned in section 26 264(c) are appropriate for the relevant patient. 27 Page 212

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 5 Physical restraint and clinical need for medication [s 267] (2) The approval must be in writing and may include any 1 conditions the chief psychiatrist considers appropriate. 2 Part 5 Physical restraint and clinical 3 need for medication 4 Division 1 Physical restraint 5 267 Meaning of physical restraint 6 (1) Physical restraint, of a patient, is the use by a person of his or 7 her body to restrict the patient's movement. 8 (2) However, physical restraint of a patient does not include-- 9 (a) the giving of physical support or assistance reasonably 10 necessary-- 11 (i) to enable the patient to carry out daily living 12 activities; or 13 (ii) to redirect the patient because the patient is 14 disoriented; or 15 (b) physical restraint of the patient that is authorised under a 16 law other than this part; or 17 (c) physical restraint of the patient that is required in urgent 18 circumstances. 19 268 Offence 20 A person must not use physical restraint on a patient other 21 than under this Act. 22 Maximum penalty--200 penalty units. 23 Page 213

Mental Health Bill 2015 Chapter 8 Use of mechanical restraint, seclusion, physical restraint and other practices Part 5 Physical restraint and clinical need for medication [s 269] 269 Requirements for use of physical restraint 1 An authorised doctor, or a health practitioner in charge of an 2 inpatient unit or other unit within an authorised mental health 3 service, may authorise the use of physical restraint on a 4 patient for 1 or more of the following purposes if there is no 5 other reasonably practicable way to achieve the purpose-- 6 (a) to protect the patient or others from physical harm; 7 (b) to provide treatment and care to the patient; 8 (c) to prevent the patient from causing serious damage to 9 property; 10 (d) for a patient detained in an authorised mental health 11 service--to prevent the patient from leaving the service. 12 Division 2 Clinical need for medication 13 270 Meaning of medication 14 Medication, of a patient, includes sedation of the patient. 15 271 Offence 16 (1) A person must not administer medication to a patient unless 17 the medication is clinically necessary for the patient's 18 treatment and care for a medical condition. 19 Maximum penalty--200 penalty units. 20 (2) Subsection (1) does not limit section 372. 21 (3) To remove any doubt, it is declared that, for subsection (1), a 22 patient's treatment and care for a medical condition includes 23 preventing imminent serious harm to the patient or others. 24 Page 214

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 1 Preliminary [s 272] Part 6 Policies 1 272 Chief psychiatrist must make policy 2 (1) The chief psychiatrist must make a policy (the restraint, 3 seclusion and other practices policy) about-- 4 (a) the use of mechanical restraint, seclusion and physical 5 restraint under section 267(1), and the appropriate use of 6 medication, including ways of minimising any adverse 7 impacts on patients; and 8 (b) the information to be recorded or given to the chief 9 psychiatrist relating to the use on patients of mechanical 10 restraint, seclusion, physical restraint under section 11 267(1) and medication; and 12 (c) the time and way in which the information mentioned in 13 paragraph (b) is to be recorded or given to the chief 14 psychiatrist. 15 (2) An authorised doctor, authorised mental health practitioner, 16 administrator of an authorised mental health service or other 17 person performing a function or exercising a power under this 18 Act must comply with the restraint, seclusion and other 19 practices policy. 20 Chapter 9 Rights of patients and 21 others 22 Part 1 Preliminary 23 273 Purpose of ch 9 24 The purpose of this chapter is to provide for-- 25 Page 215

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 1 Preliminary [s 274] (a) a statement of rights; and 1 (b) the right of a patient to be visited by the patient's 2 nominated support persons, family, carers and other 3 support persons; and 4 (c) the right of a patient to be visited by a health 5 practitioner, and legal or other advisers, and to 6 communicate with other persons; and 7 (d) the right of a patient to be given oral explanations of the 8 patient's treatment and care; and 9 (e) the giving of written notices to a patient's nominated 10 support persons, family, carers and other support 11 persons; and 12 (f) the right for a second opinion to be obtained about a 13 patient's treatment and care; and 14 (g) the roles and responsibilities of a patient's nominated 15 support persons, family, carers and other support 16 persons when supporting the patient's treatment and 17 care; and 18 (h) the appointment and functions of independent patient 19 rights advisers. 20 274 Definition for ch 9 21 In this chapter-- 22 patient means-- 23 (a) an involuntary patient; or 24 (b) a person receiving treatment and care for a mental 25 illness in an authorised mental health service, other than 26 as an involuntary patient, including a person receiving 27 treatment and care under an advance health directive or 28 with the consent of a personal guardian or attorney. 29 Page 216

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 2 Statement of rights [s 275] Part 2 Statement of rights 1 275 Preparing statement of rights 2 (1) The chief psychiatrist must prepare a written statement (the 3 statement of rights) containing information about-- 4 (a) the rights of patients, and of nominated support persons, 5 family, carers and other support persons, under this Act; 6 and 7 (b) the rights of patients to make complaints about the 8 treatment and care provided at an authorised mental 9 health service and how complaints are made. 10 (2) The statement of rights may also contain anything else the 11 chief psychiatrist considers appropriate. 12 276 Giving statement of rights to patients and others 13 After admission of a patient to an authorised mental health 14 service, the administrator of the authorised mental health 15 service must-- 16 (a) explain the statement of rights to the patient; and 17 Note-- 18 See section 284 about ensuring a patient understands oral 19 information. 20 (b) give a copy of the statement of rights to the patient, if 21 requested; and 22 (c) give a copy of the statement of rights to the patient's 23 nominated support persons, family, carers and other 24 support persons, if requested. 25 277 Display of signs 26 (1) The administrator of an authorised mental health service must 27 display signs in prominent positions in the service stating that 28 a copy of the statement of rights is available on request. 29 Page 217

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 3 Rights of patients [s 278] (2) The signs must be easily visible to patients and nominated 1 support persons, family, carers and other support persons. 2 Part 3 Rights of patients 3 278 Definition for pt 3 4 In this part-- 5 reasonable time of the day or night, in relation to an 6 authorised mental health service, means a time decided by the 7 administrator of the service having regard to the practices of 8 the service and the comfort of patients. 9 279 Visits by nominated support persons, family, carers and 10 other support persons 11 (1) A patient in an authorised mental health service may be 12 visited by the patient's nominated support persons, family, 13 carers and other support persons at any reasonable time of the 14 day or night. 15 (2) Subsection (1) does not apply if-- 16 (a) the person is excluded from visiting the patient under 17 another provision of this Act; or 18 (b) the patient does not wish to be visited by the person. 19 280 Visits by health practitioners 20 (1) A patient in an authorised mental health service may be 21 visited and examined by a health practitioner at any 22 reasonable time of the day or night. 23 (2) The health practitioner may also consult with an authorised 24 doctor for the authorised mental health service about the 25 patient's treatment and care. 26 Page 218

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 3 Rights of patients [s 281] (3) The health practitioner may exercise a power under 1 subsection (1) or (2) only-- 2 (a) if asked by the patient or 1 or more of the patient's 3 nominated support persons, family, carers or other 4 support persons; and 5 (b) under arrangements made with the administrator of the 6 authorised mental health service. 7 281 Visits by legal or other advisers 8 (1) A patient in an authorised mental health service may be 9 visited by a legal or other adviser at any reasonable time of the 10 day or night. 11 (2) The adviser may exercise a power under subsection (1) 12 only-- 13 (a) if asked by the patient or 1 or more of the patient's 14 nominated support persons, family, carers or other 15 support persons; and 16 (b) under arrangements made with the administrator of the 17 authorised mental health service. 18 282 Communication with others 19 (1) A patient of an authorised mental health service may 20 communicate, in a reasonable way, with another person by-- 21 (a) post; or 22 Note-- 23 See sections 383 and 384 for provisions relating to postal 24 articles. 25 (b) a fixed line telephone in the authorised mental health 26 service; or 27 (c) a mobile telephone or other electronic communication 28 device. 29 (2) Subsection (1) does not apply if-- 30 Page 219

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 3 Rights of patients [s 283] (a) the other person has asked the administrator of the 1 authorised mental health service to ensure the patient 2 does not communicate with the person; or 3 (b) the communication is prohibited under another 4 provision of this Act. 5 (3) The administrator of an authorised mental health service may 6 prohibit or restrict a patient from communicating in the way 7 mentioned in subsection (1)(b) or (c) if communicating in the 8 way is likely to be detrimental to the health or wellbeing of 9 the person or others. 10 (4) In exercising a power under subsection (3), the administrator 11 must have regard to the privacy of the patient and others in the 12 service. 13 283 Information about treatment and care 14 An authorised doctor providing treatment and care to a patient 15 must, to the extent practicable, provide timely, accurate and 16 appropriate information to the patient about the treatment and 17 care. 18 284 Understanding of oral information 19 (1) This section applies if a provision of this Act requires any of 20 the following persons to tell or explain something to, or 21 discuss something with, a patient-- 22 (a) an authorised mental health practitioner; 23 (b) an authorised doctor, including an authorised 24 psychiatrist; 25 (c) a doctor; 26 (d) the administrator of an authorised mental health service; 27 (e) an authorised person transporting a person to an 28 authorised mental health service or public sector health 29 service facility under section 364. 30 Page 220

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 3 Rights of patients [s 284] (2) The person must-- 1 (a) take reasonable steps to ensure the patient understands 2 the information; and 3 (b) tell or explain the thing to, or discuss the thing with, the 4 patient-- 5 (i) in an appropriate way having regard to the patient's 6 age, culture, mental illness, ability to communicate 7 and any disability; and 8 Examples for subparagraph (i)-- 9 1 If a patient is acutely unwell and does not appear to 10 understand the information given, an authorised 11 doctor may explain the information again when the 12 patient's condition improves. 13 2 After providing information to a patient, an authorised 14 doctor may ask the patient to restate the information 15 to ensure it has been understood. 16 3 An authorised doctor may explain information to a 17 patient in the presence of a family member who can 18 help the patient understand it. 19 (ii) in a way the patient is most likely to understand, 20 including, for example, in the patient's language; 21 and 22 (c) if the patient has a nominated support person--tell or 23 explain the thing to, or discuss the thing with, the 24 patient's nominated support person; and 25 (d) if the patient does not have a nominated support 26 person--tell or explain the thing to, or discuss the thing 27 with, 1 or more of the patient's family, carers or other 28 support persons. 29 (3) For subsection (2)(b), the person may tell or explain the thing 30 to, or discuss the thing with, a patient at a time later than the 31 time provided for under this Act if the person considers the 32 patient would better understand the thing at the later time. 33 (4) In this section-- 34 patient includes a person who may become a patient. 35 Page 221

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 3 Rights of patients [s 285] 285 Written notices to be given to nominated support 1 persons and others 2 (1) This section applies if-- 3 (a) a provision of this Act requires any of the following 4 persons to give a written notice to a patient-- 5 (i) an authorised doctor; 6 (ii) the administrator of an authorised mental health 7 service; 8 (iii) the chief psychiatrist; 9 (iv) the tribunal; or 10 (b) any of the following events (each a significant event) 11 happens to a patient-- 12 (i) admission to an authorised mental health service as 13 a classified patient; 14 (ii) responsibility for the patient is transferred under 15 chapter 11, part 5 from an authorised mental health 16 service to another entity. 17 (2) If the patient has a nominated support person-- 18 (a) for a written notice mentioned in subsection (1)(a)-- 19 (i) the person must give a copy of the required written 20 notice to the nominated support person; and 21 (ii) the person is not required to give the notice to the 22 patient if the patient may not understand or benefit 23 from receiving the notice; and 24 (b) for a significant event mentioned in subsection 25 (1)(b)--the administrator of the authorised mental 26 health service must give a copy of the required written 27 notice to the nominated support person. 28 (3) If the person giving a required written notice to a patient is 29 aware the patient has a personal guardian or attorney-- 30 (a) the person must give a copy of the required written 31 notice to the personal guardian or attorney; and 32 Page 222

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 3 Rights of patients [s 286] (b) for a written notice mentioned in subsection (1)(a)--the 1 person is not required to give the notice to the patient if 2 the patient may not understand or benefit from receiving 3 the notice. 4 (4) If the patient does not have a nominated support person, or a 5 personal guardian or attorney, the person may give the 6 required written notice to 1 or more of the patient's family, 7 carers or other support persons (the other person) as well as, 8 or instead of, to the patient if-- 9 (a) the patient may not understand or benefit from receiving 10 the notice; and 11 (b) giving the notice to the other person appears to be in the 12 patient's best interests; and 13 (c) the patient has not asked for communication with the 14 other person not to happen. 15 (5) If the patient is a minor, the person may give the required 16 written notice to 1 or more of the minor's parents as well as, 17 or instead of, to the minor if-- 18 (a) the minor may not understand or benefit from receiving 19 the notice; and 20 (b) giving the notice to the parent appears to be in the 21 minor's best interests. 22 (6) In this section-- 23 required written notice means-- 24 (a) a written notice mentioned in subsection (1)(a); or 25 (b) a written notice explaining the significant event 26 mentioned in subsection (1)(b). 27 286 Communication about patient with others 28 (1) This section applies if a provision of this Act requires a person 29 to tell or explain something to, or discuss something with, a 30 patient's nominated support persons, family, carers or other 31 support persons. 32 Page 223

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 3 Rights of patients [s 287] (2) The provision does not apply if-- 1 (a) the patient requests, at a time when the patient has 2 capacity to make the request, that the communication 3 not take place; or 4 (b) the person is not readily available or willing for the 5 communication to take place; or 6 Example-- 7 the person is not willing to visit the patient in hospital while the 8 patient is receiving treatment and care 9 (c) the communication with the person is likely to be 10 detrimental to the patient's health and wellbeing. 11 Example-- 12 the person has previously disrupted the patient's treatment and 13 care resulting in the patient's condition deteriorating 14 (3) In this section-- 15 capacity, of a patient to make a request, means the patient has 16 the ability to-- 17 (a) understand the nature and effect of the request; and 18 (b) make and communicate the request. 19 patient includes a person who may become a patient. 20 287 Disclosure of confidential information under Hospital and 21 Health Boards Act not limited 22 (1) This section applies if a provision of this Act requires or 23 permits information about a person to be given to the person's 24 nominated support persons, family, carers or other support 25 persons. 26 (2) The provision does not limit the Hospital and Health Boards 27 Act 2011, sections 144, 145 or 146. 28 Page 224

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 4 Roles and responsibilities of nominated support persons, family, carers and other support persons [s 288] Note-- 1 The Hospital and Health Boards Act 2011, sections 144, 145 and 146 2 provide for a person's family, carers and other support persons to receive 3 information about the person in particular circumstances. 4 288 Second opinion about treatment and care 5 (1) This section applies if an authorised mental health service has 6 been unable to resolve a complaint about the provision of 7 treatment and care to a patient. 8 (2) The patient, or an interested person for the patient, may 9 request the administrator of the service to obtain a second 10 opinion from another health practitioner, including another 11 psychiatrist, about the patient's treatment and care. 12 (3) The administrator must make arrangements to obtain the 13 second opinion-- 14 (a) from a health practitioner who is independent of the 15 patient's treating team; and 16 (b) in the way required under a policy or practice guideline. 17 Part 4 Roles and responsibilities of 18 nominated support persons, 19 family, carers and other 20 support persons 21 289 Roles 22 A patient's nominated support persons, family, carers and 23 other support persons, subject to this or another Act, may-- 24 (a) contact the patient while the patient is receiving 25 treatment and care; and 26 Page 225

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 5 Independent patient rights advisers [s 290] (b) participate in decisions about the patient's treatment and 1 care, including by being consulted by health 2 practitioners about treatment options; and 3 (c) receive timely, accurate and appropriate information 4 about the patient's treatment, care, support, 5 rehabilitation and recovery; and 6 (d) arrange support services for the patient, including, for 7 example, counselling, community care and respite care. 8 290 Responsibilities 9 A patient's nominated support persons, family, carers and 10 other support persons have a responsibility to-- 11 (a) respect the patient's dignity and humanity; and 12 (b) consider the opinions and skills of health practitioners 13 who provide treatment and care, and other services, to 14 the patient; and 15 (c) cooperate, to the extent practicable, with reasonable 16 programs of assessment, treatment, care, support, 17 rehabilitation and recovery of the patient. 18 Part 5 Independent patient rights 19 advisers 20 291 Appointment 21 (1) An authorised mental health service must have systems in 22 place to ensure that patients are advised of their rights under 23 this Act. 24 (2) Without limiting subsection (1), the health service chief 25 executive responsible for a public sector mental health service 26 Page 226

Mental Health Bill 2015 Chapter 9 Rights of patients and others Part 5 Independent patient rights advisers [s 292] must appoint 1 or more independent patient rights advisers in 1 the way required under a policy or practice guideline. 2 (3) An independent patient rights adviser may be-- 3 (a) an employee of an entity that a Hospital and Health 4 Service has engaged to provide services; or 5 (b) an employee of a Hospital and Health Service but not 6 employed in the Service's mental health service. 7 292 Functions 8 The functions of an independent patient rights adviser are 9 to-- 10 (a) ensure that a patient, and the patient's nominated 11 support persons, family, carers and other support 12 persons are advised of their rights and responsibilities 13 under this Act; and 14 (b) help the patient, and the patient's nominated support 15 persons, family, carers and other support persons to 16 communicate to health practitioners the patient's views, 17 wishes and preferences about the patient's treatment and 18 care; and 19 (c) work cooperatively with community visitors performing 20 functions under the Public Guardian Act 2014; and 21 (d) consult with authorised mental health practitioners, 22 authorised doctors, administrators of authorised mental 23 health services, and the chief psychiatrist on the rights 24 of patients under this Act, the Guardianship and 25 Administration Act 2000, the Powers of Attorney Act 26 1998 and other laws; and 27 (e) in relation to tribunal hearings-- 28 (i) advise the patient, and the patient's nominated 29 support persons, family, carers and other support 30 persons of the patient's rights at the hearings; and 31 Page 227

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 1 Preliminary [s 293] (ii) if requested, help the patient engage a 1 representative for the hearings; and 2 (f) identify whether the patient has a personal guardian or 3 attorney and, if the patient has a personal guardian or 4 attorney, work cooperatively with the personal guardian 5 or attorney to further the patient's interests; and 6 (g) if appropriate, advise the patient of the benefits of an 7 advance health directive or enduring power of attorney 8 for a personal matter. 9 293 Independence 10 An independent patient rights adviser, in performing the 11 adviser's functions-- 12 (a) must act independently and impartially; and 13 (b) is not subject to direction or control by any person in 14 relation to advice given, or help provided, to a patient or 15 a patient's nominated support persons, family, carers or 16 other support persons. 17 Chapter 10 Chief psychiatrist 18 Part 1 Preliminary 19 294 Purpose of ch 10 20 The purpose of this chapter is to provide for-- 21 (a) the appointment, functions and powers of the chief 22 psychiatrist; and 23 Page 228

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 2 Appointment, functions and powers [s 295] (b) the making of policies and practice guidelines, and the 1 preparation of the annual report, by the chief 2 psychiatrist; and 3 (c) the investigation of matters by the chief psychiatrist; and 4 (d) the actions the chief psychiatrist may take if there is a 5 serious risk to persons or public safety because of a 6 forensic patient who is the responsibility of an 7 authorised mental health service; and 8 (e) the giving by the chief psychiatrist of particular 9 information to victims of unlawful acts committed by 10 particular patients, and other persons affected by the 11 unlawful acts. 12 295 Definition for ch 10 13 In this chapter-- 14 patient means-- 15 (a) an involuntary patient; or 16 (b) a person receiving treatment and care for a mental 17 illness in an authorised mental health service, other than 18 as an involuntary patient, including a person receiving 19 treatment and care under an advance health directive or 20 with the consent of a personal guardian or attorney. 21 Part 2 Appointment, functions and 22 powers 23 296 Appointment 24 (1) There is a Chief Psychiatrist. 25 (2) The chief psychiatrist is appointed by the Governor in Council 26 under this Act and not the Public Service Act 2008. 27 Page 229

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 2 Appointment, functions and powers [s 297] (3) The chief psychiatrist must be a psychiatrist. 1 297 Resignation 2 The chief psychiatrist may resign by signed notice given to 3 the Minister. 4 298 Termination of appointment 5 (1) The Governor in Council may terminate the appointment of 6 the chief psychiatrist if the Governor in Council is satisfied 7 the chief psychiatrist-- 8 (a) has become incapable of satisfactorily performing the 9 chief psychiatrist's functions; or 10 (b) has performed the chief psychiatrist's functions 11 carelessly, incompetently or inefficiently; or 12 (c) has been guilty of misconduct that could warrant 13 dismissal from the public service if the chief psychiatrist 14 were a public service officer. 15 (2) The Governor in Council must terminate the appointment of 16 the chief psychiatrist if the chief psychiatrist-- 17 (a) is no longer eligible for appointment as the chief 18 psychiatrist; or 19 (b) is convicted of an indictable offence. 20 299 Functions and powers 21 (1) The chief psychiatrist has the following functions-- 22 (a) to the extent practicable, ensuring the protection of the 23 rights of patients under this Act while balancing their 24 rights with the rights of others; 25 (b) to the extent practicable, ensuring the involuntary 26 examination, assessment, treatment, care and detention 27 of persons under this Act complies with this Act; 28 Page 230

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 2 Appointment, functions and powers [s 300] (c) facilitating the proper and efficient administration of 1 this Act; 2 (d) monitoring and auditing compliance with this Act; 3 (e) promoting community awareness and understanding of 4 this Act; 5 (f) advising and reporting to the Minister on any matter 6 relating to the administration of this Act-- 7 (i) on the chief psychiatrist's own initiative; or 8 (ii) on the written request of the Minister; 9 (g) preparing and giving to the Minister a report on the 10 competencies the chief psychiatrist considers necessary 11 for a health practitioner to perform a function or 12 exercise a power of an authorised doctor. 13 (2) Also, the chief psychiatrist has the functions and powers 14 given to the chief psychiatrist under this or another Act. 15 (3) Also, the chief psychiatrist may do all things necessary or 16 convenient to be done to perform the chief psychiatrist's 17 functions. 18 300 Independence of chief psychiatrist 19 (1) In performing a function or exercising a power, the chief 20 psychiatrist is not under the control of the Minister or another 21 person. 22 (2) Despite subsection (1), the Minister may give the chief 23 psychiatrist a direction under section 310. 24 301 Delegation 25 (1) The chief psychiatrist may delegate a function of the chief 26 psychiatrist to an appropriately qualified-- 27 (a) public service employee in the department; or 28 (b) health service employee. 29 Page 231

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 2 Appointment, functions and powers [s 302] (2) Despite subsection (1), the chief psychiatrist may delegate a 1 function of the chief psychiatrist under a prescribed provision 2 only to an appropriately qualified-- 3 (a) senior executive employed in the department; or 4 (b) health executive employed by a Hospital and Health 5 Service. 6 (3) In this section-- 7 function includes a power. 8 prescribed provision means-- 9 (a) part 3; or 10 (b) section 311(2)(a) or (b); or 11 (c) chapter 11, part 2; or 12 (d) section 330. 13 302 Power to require administrator to give documents or 14 information 15 (1) For the performance of the chief psychiatrist's functions, the 16 chief psychiatrist may, by written notice, require the 17 administrator of an authorised mental health service to give to 18 the chief psychiatrist-- 19 (a) a stated document (including a health record), or a copy 20 of a stated document, about a patient receiving treatment 21 and care in the service or another document relevant to 22 the performance of the chief psychiatrist's functions; or 23 (b) stated information about-- 24 (i) a patient who has been examined or assessed, or is 25 being examined or assessed, in the service; or 26 (ii) a patient who has received, or is receiving, 27 treatment in the service; or 28 (iii) another matter relevant to the performance of the 29 chief psychiatrist's functions. 30 Page 232

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 3 Policies, practice guidelines and annual report [s 303] (2) The notice must state the day (the stated day) on which the 1 document, record or information is to be given. 2 (3) The stated day must be a reasonable time after the notice is 3 given. 4 (4) The administrator must comply with the notice. 5 (5) If a document is given to the chief psychiatrist, the chief 6 psychiatrist-- 7 (a) may inspect it and make copies of, or take extracts from, 8 the document if it is relevant to the performance of the 9 chief psychiatrist's functions; and 10 (b) for an original document--must return it to the 11 administrator within a reasonable time after it is given. 12 Part 3 Policies, practice guidelines 13 and annual report 14 303 Making policies or practice guidelines 15 (1) The chief psychiatrist must make a policy about each of the 16 following-- 17 (a) the application of the treatment criteria to patients and 18 less restrictive ways for patients to receive treatment and 19 care for their mental illness, including ways of assessing 20 the capacity of patients to consent to being treated and 21 whether the capacity is stable; 22 (b) the way in which records for patients are to be kept; 23 (c) the management of complaints by patients and their 24 nominated support persons, family, carers and other 25 support persons in relation to the treatment and care of 26 patients; 27 Page 233

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 3 Policies, practice guidelines and annual report [s 303] (d) the way in which patients and interested persons for 1 patients may request the administrator of an authorised 2 mental health service to obtain a second opinion about 3 the treatment and care of the patient; 4 (e) the treatment and care of forensic patients and the 5 assessment and management of risks relating to forensic 6 patients receiving treatment in the community; 7 (f) without limiting paragraph (e), the treatment and care of 8 forensic patients whose forensic order was made on a 9 reference in relation to a prescribed offence allegedly 10 committed by the person, and the assessment and 11 management of risks relating to those forensic patients 12 receiving treatment in the community; 13 (g) the treatment and care of persons subject to treatment 14 support orders; 15 (h) the minimisation of the risk of patients absconding and 16 processes to be followed in returning patients who have 17 absconded; 18 (i) the competencies necessary for a person to be an 19 authorised doctor or authorised mental health 20 practitioner. 21 Note-- 22 See section 272 for the obligation of the chief psychiatrist to make the 23 restraint, seclusion and other practices policy. 24 (2) Also, the chief psychiatrist may make a policy or practice 25 guideline relating to the administration of this Act, including, 26 for example, about the following-- 27 (a) the examination and assessment of persons under this 28 Act; 29 (b) the treatment and care of patients in authorised mental 30 health services, other than forensic patients or patients 31 subject to treatment support orders; 32 (c) the performance of functions, or exercise of powers, by 33 administrators of authorised mental health services, 34 Page 234

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 3 Policies, practice guidelines and annual report [s 303] authorised doctors or authorised mental health 1 practitioners; 2 (d) the administration of authorised mental health services, 3 including safety and security; 4 (e) the preparation of psychiatrist reports and second 5 psychiatrist reports; 6 (f) the way in which the tribunal is to be supported in 7 performing its functions, including, for example, 8 providing facilities for proceedings; 9 (g) the authorisation of treatment in the community; 10 (h) supporting the rights of patients and their nominated 11 support persons, family, carers and other support 12 persons, including the ways in which information is to 13 be communicated to the patients and their support 14 persons; 15 (i) the appointment and functions of independent patient 16 rights advisers; 17 (j) the support of victims of unlawful acts, close relatives of 18 the victims, and other persons affected by unlawful acts; 19 (k) the way in which the chief psychiatrist is to be notified 20 of matters under this Act; 21 (l) the information to be recorded or given to the chief 22 psychiatrist about-- 23 (i) the treatment and care of patients under this Act; 24 and 25 (ii) critical incidents relating to patients, including the 26 death of a patient. 27 (3) An authorised doctor, authorised mental health practitioner, 28 administrator of an authorised mental health service, or other 29 person performing a function or exercising a power under this 30 Act must comply with a policy or practice guideline. 31 Page 235

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 3 Policies, practice guidelines and annual report [s 304] (4) If a policy or practice guideline is inconsistent with this Act, 1 the policy or practice guideline is invalid to the extent of the 2 inconsistency. 3 304 Publication of policies and practice guidelines 4 (1) As soon as practicable after making a policy or practice 5 guideline, the chief psychiatrist must-- 6 (a) make the policy or practice guideline publicly available; 7 and 8 Example of making a policy or practice guideline publicly 9 available-- 10 publication on a website 11 (b) give a copy of the policy or practice guideline to the 12 administrator of each authorised mental health service. 13 (2) If a person in an authorised mental health service is required 14 to comply with a policy or practice guideline, the 15 administrator of the service must take reasonable steps to 16 ensure the policy or practice guideline is available to the 17 person. 18 (3) Also, the administrator of an authorised mental health service 19 must ensure a policy or practice guideline relevant to the 20 service is given effect. 21 305 Annual report 22 (1) Within 90 days after the end of each financial year, the chief 23 psychiatrist must give the Minister a report on the 24 administration of this Act during the year. 25 (2) The report must include the following information for the 26 financial year to which the report relates-- 27 (a) a summary of key developments in the administration of 28 this Act; 29 (b) statistical data, generally and for each authorised mental 30 health service, about the following-- 31 Page 236

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 3 Policies, practice guidelines and annual report [s 305] (i) the making of examination authorities; 1 (ii) the making of recommendations for assessment 2 and transfer recommendations; 3 (iii) the making and revocation of treatment authorities; 4 (iv) the preparation of psychiatrist reports and second 5 psychiatrist reports; 6 (v) the making and revocation of forensic orders and 7 treatment support orders; 8 (vi) the use of mechanical restraint and seclusion; 9 (vii) actions taken under part 5 in relation to serious 10 risks to persons or public safety; 11 (viii) information notices given under part 6; 12 (c) the number of forensic patients who absconded from 13 each authorised mental health service; 14 (d) the details of the appointments of independent patient 15 rights advisers; 16 (e) information about compliance with the restraint, 17 seclusion and other practices policy; 18 (f) details of directions given, and actions taken, under 19 section 308(1) in relation to recommendations included 20 in an investigation report; 21 (g) details of directions given under section 310 by the 22 Minister to the chief psychiatrist. 23 (3) The report may state any other information the chief 24 psychiatrist considers appropriate. 25 (4) The Minister must table a copy of the report in the Legislative 26 Assembly within 14 days after the Minister receives it. 27 Page 237

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 4 Investigations [s 306] Part 4 Investigations 1 306 Chief psychiatrist may investigate 2 (1) The chief psychiatrist may, for the purpose of performing the 3 chief psychiatrist's functions-- 4 (a) investigate a matter; or 5 (b) direct an inspector to investigate a matter. 6 Note-- 7 See section 553(2) for appointment of an inspector to investigate a 8 matter under this part. 9 (2) An investigation must be completed as quickly as is 10 reasonable in all the circumstances. 11 (3) The chief psychiatrist or inspector may exercise the powers 12 under chapter 14 for the purpose of the investigation. 13 (4) To remove any doubt, it is declared that an investigation under 14 subsection (1) may include an investigation about any matter 15 relating to the treatment and care of any patient in an 16 authorised mental health service. 17 307 Investigation report 18 (1) After completing an investigation, the chief psychiatrist, or an 19 inspector investigating the matter, must prepare a report on the 20 investigation (an investigation report). 21 (2) The investigation report may include recommendations 22 relating to the improvement of the operation of an authorised 23 mental health service. 24 (3) The chief psychiatrist may give a copy of the investigation 25 report to a person or entity the subject of the investigation. 26 Page 238

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 4 Investigations [s 308] 308 Recommendations for improvement 1 (1) If an investigation report includes recommendations relating 2 to the improvement of the operation of an authorised mental 3 health service, the chief psychiatrist may, by written notice, 4 direct the administrator of the service to-- 5 (a) take action, or particular action, to address the 6 recommendations; and 7 (b) report to the chief psychiatrist about the action taken to 8 address the recommendations. 9 (2) However, before giving the notice, the chief psychiatrist 10 must-- 11 (a) give the administrator a written notice (a show cause 12 notice) stating the following-- 13 (i) that the chief psychiatrist proposes to direct the 14 administrator to take action, or particular action, to 15 address recommendations included in an 16 investigation report (the proposed action); 17 (ii) the grounds for the proposed action; 18 (iii) the facts and circumstances forming the basis for 19 the grounds; 20 (iv) that the administrator may make submissions about 21 the show cause notice to the chief psychiatrist; 22 (v) the date by which the submission must be made; 23 and 24 (b) consider any submissions given in response to the show 25 cause notice. 26 (3) The administrator must comply with a notice under subsection 27 (1) unless the administrator has a reasonable excuse. 28 Page 239

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 5 Serious risks to persons or public safety [s 309] Part 5 Serious risks to persons or 1 public safety 2 309 Purpose of pt 5 3 This purpose of this part is to provide for the actions the chief 4 psychiatrist may take in relation to a forensic patient for 5 whom an authorised mental health service is responsible (a 6 relevant forensic patient) if there is a serious risk to the life, 7 health or safety of a person or to public safety because of a 8 matter relating to the relevant forensic patient. 9 310 Minister may direct chief psychiatrist to review matter 10 (1) This section applies if the Minister considers-- 11 (a) a matter has arisen in relation to 1 or more relevant 12 forensic patients; and 13 (b) there is a serious risk to the life, health or safety of a 14 person or to public safety because of the matter. 15 (2) The Minister may direct the chief psychiatrist to-- 16 (a) immediately review the matter and serious risk to 17 decide-- 18 (i) whether action is necessary to remove, or to 19 control or manage, the risk; and 20 (ii) whether there are systemic issues that need to be 21 addressed to remove the risk; and 22 (b) consider taking action under section 311(2) to address 23 the matter and stop the serious risk recurring; and 24 (c) report to the Minister-- 25 (i) on the outcome of the review; and 26 (ii) if action is taken as a result of the review--on the 27 action taken. 28 Page 240

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 5 Serious risks to persons or public safety [s 311] (3) To remove any doubt, it is declared that the Minister's power 1 under this section-- 2 (a) is limited to directing the chief psychiatrist to do a thing 3 mentioned in subsection (2)(a), (b) or (c); and 4 (b) does not allow the Minister to direct the chief 5 psychiatrist to take action, or any particular action, in 6 relation to the matter or serious risk. 7 311 Actions chief psychiatrist may take 8 (1) This section applies-- 9 (a) if the chief psychiatrist considers-- 10 (i) a matter has arisen in relation to 1 or more relevant 11 forensic patients; and 12 (ii) there is a serious risk to the life, health or safety of 13 a person or to public safety because of the matter; 14 and 15 (b) whether or not a direction has been given to the chief 16 psychiatrist about the matter or risk under section 310. 17 (2) The chief psychiatrist may do any of the following-- 18 (a) order the suspension of limited community treatment for 19 a relevant forensic patient, or each member of a class of 20 relevant forensic patients, for a stated period of not more 21 than 7 days; 22 (b) order the category of the forensic order for a relevant 23 forensic patient, or each member of a class of relevant 24 forensic patients, to be changed to inpatient for a stated 25 period of not more than 7 days; 26 (c) order an administrator of an authorised mental health 27 service to report to the chief psychiatrist on the 28 circumstances that led to the matter and serious risk; 29 (d) review, or order an administrator of an authorised 30 mental health service to review and report to the chief 31 psychiatrist on, any treatment and care provided to a 32 Page 241

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 5 Serious risks to persons or public safety [s 312] relevant forensic patient or class of relevant forensic 1 patients to the extent it relates to the matter or serious 2 risk or a similar matter or serious risk that might arise in 3 the future; 4 (e) review any policies or practice guidelines about 5 treatment in the community; 6 (f) take any other action necessary to prevent a similar 7 matter or serious risk arising. 8 (3) Before making an order under subsection (2)(a) or (b), the 9 chief psychiatrist must consult with the administrator of each 10 authorised mental health service likely to be affected by the 11 order about the likely effect of the order on-- 12 (a) the operations of the authorised mental health service; 13 and 14 (b) the relevant forensic patients proposed to be subject to 15 the order. 16 312 Chief psychiatrist's order 17 (1) This section applies if the chief psychiatrist makes an order 18 under section 311(2)(a) or (b) in relation to a relevant forensic 19 patient or class of relevant forensic patients. 20 (2) The chief psychiatrist's order must include the following-- 21 (a) if the order relates to a particular relevant forensic 22 patient--the name of the patient; 23 (b) if the order relates to a class of relevant forensic 24 patients--sufficient details to identify the class; 25 Example of a class of relevant forensic patients for paragraph (b)-- 26 all relevant forensic patients in an inpatient unit of a particular 27 authorised mental health service who are receiving limited 28 community treatment 29 (c) if the order is made under section 311(2)(a)--the period 30 of the suspension of limited community treatment; 31 Page 242

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 5 Serious risks to persons or public safety [s 313] (d) if the order is made under section 311(2)(b)--the period 1 for which the category of the forensic order is changed 2 to inpatient; 3 (e) if the order requires a relevant forensic patient, or each 4 member of a class of relevant forensic patients, to return 5 to an authorised mental health service--the name of the 6 service and the time or date by which the patient must 7 return to the service. 8 (3) For subsection (2)(e), the order may state an authorised 9 mental health service other than the patient's treating health 10 service. 11 (4) The chief psychiatrist must give each relevant forensic patient 12 subject to the order a copy of the order and a written notice 13 stating-- 14 (a) that the patient may appeal to the tribunal against the 15 chief psychiatrist's decision to make the order; and 16 (b) the period within which the patient may appeal to the 17 tribunal; and 18 (c) how the appeal is made. 19 313 Chief psychiatrist may vary period or end order 20 (1) The chief psychiatrist may, for an order made under section 21 311(2)(a) or (b), at any time while the order is in force-- 22 (a) extend, or further extend, the stated period for a period 23 of not more than 7 days if the chief psychiatrist is 24 satisfied the matter or serious risk for which the order 25 was made still exists; or 26 (b) end the order. 27 (2) The chief psychiatrist must give written notice of an extension 28 of the stated period, or the ending of the order, to each 29 relevant forensic patient subject to the order. 30 (3) If the chief psychiatrist decides to extend the stated period, the 31 notice must state-- 32 Page 243

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 314] (a) that the patient may appeal to the tribunal against the 1 chief psychiatrist's decision to extend the period; and 2 (b) the period within which the patient may appeal to the 3 tribunal; and 4 (c) how the appeal is made. 5 Part 6 Information notices 6 Division 1 Preliminary 7 314 Purpose of pt 6 8 The purpose of this part is to provide for victims of unlawful 9 acts committed by relevant patients, and other persons 10 affected by the unlawful act, to obtain particular information 11 about the relevant patient. 12 Note-- 13 See section 325 for the application of this part to forensic disability 14 clients. 15 315 Definitions for pt 6 16 In this part-- 17 applicant's nominee see section 316(2)(b). 18 information notice, relating to a relevant patient, is a notice 19 that entitles the applicant for the notice, or the applicant's 20 nominee, to receive information mentioned in schedule 1 21 about the relevant patient from the chief psychiatrist. 22 relevant patient means a patient of an authorised mental 23 health service who is subject to-- 24 (a) a forensic order; or 25 Page 244

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 316] (b) a treatment support order. 1 Division 2 Application, amendment and 2 revocation 3 316 Application 4 (1) An application for an information notice relating to a relevant 5 patient may be made to the chief psychiatrist by-- 6 (a) a victim of the relevant unlawful act in relation to the 7 relevant patient's forensic order or treatment support 8 order; or 9 (b) a close relative of a victim mentioned in paragraph (a); 10 or 11 (c) another individual who-- 12 (i) has suffered harm because of the relevant unlawful 13 act in relation to the relevant patient's forensic 14 order or treatment support order; and 15 (ii) has a sufficient personal interest in receiving 16 information under the notice about the relevant 17 patient. 18 (2) The application must-- 19 (a) be in the approved form; and 20 (b) state whether the applicant, or another person (the 21 applicant's nominee), will be entitled to receive 22 information under the notice; and 23 (c) be accompanied by a statutory declaration by the 24 applicant and the applicant's nominee, if any, that the 25 applicant or applicant's nominee will not publish 26 information received under the notice in contravention 27 of section 324. 28 Page 245

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 317] 317 Decision on application 1 (1) The chief psychiatrist must decide to approve or refuse to 2 approve the application-- 3 (a) if the application is made by an applicant mentioned in 4 section 316(1)(a) or (b)--within 14 days after receiving 5 the application; or 6 (b) otherwise--within 28 days after receiving the 7 application. 8 (2) The chief psychiatrist may refuse to approve the application if 9 the chief psychiatrist is satisfied-- 10 (a) the application is frivolous or vexatious; or 11 (b) for an application made under section 316(1)(c)--the 12 applicant is not an individual mentioned in section 13 316(1)(c); or 14 (c) disclosure of information under the notice is likely to-- 15 (i) result in serious harm to the relevant patient's 16 health or welfare; or 17 (ii) put the safety of the relevant patient or someone 18 else at serious risk; or 19 (d) a previous information notice obtained by the applicant 20 was revoked under section 321(1)(b). 21 (3) For subsection (2)(b), in deciding whether the applicant has a 22 sufficient personal interest in receiving information under the 23 notice, the chief psychiatrist must have regard to the 24 following matters-- 25 (a) whether the relevant patient is a risk to the safety and 26 welfare of the person; 27 (b) whether it is likely the relevant patient will come into 28 contact with the person; 29 (c) the nature of the relevant unlawful act in relation to the 30 relevant patient's forensic order or treatment support 31 order. 32 Page 246

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 318] (4) Also, if the application states that the applicant's nominee will 1 be entitled to receive information under the notice, the chief 2 psychiatrist must not approve the application unless the chief 3 psychiatrist is satisfied the nominee is suitable to receive the 4 information. 5 (5) The chief psychiatrist must give the applicant written notice 6 of the decision within 7 days after making it. 7 (6) If the decision is to approve the application, the written notice 8 must state-- 9 (a) the name of the person entitled to receive information 10 under the information notice; and 11 (b) if the person entitled to receive information under the 12 information notice is the applicant's nominee--that the 13 nominee is entitled to receive the information only for 14 the purpose of providing the information to the 15 applicant. 16 (7) If the decision is to refuse to approve the application, the 17 written notice must state-- 18 (a) the reasons for the decision; and 19 (b) that the applicant may appeal to the tribunal against the 20 decision within 28 days after the applicant receives the 21 notice; and 22 (c) how the appeal is made. 23 318 Right to receive information under notice 24 (1) This section applies if a person is entitled to receive 25 information about a relevant patient under an information 26 notice. 27 (2) The chief psychiatrist must ensure the person receives the 28 information mentioned in schedule 1 about the relevant 29 patient. 30 (3) The information must be given to the person-- 31 Page 247

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 319] (a) for information mentioned in schedule 1, section 5--as 1 soon as practicable after the chief psychiatrist becomes 2 aware of the information; or 3 (b) otherwise--within 14 days after the chief psychiatrist 4 becomes aware of the information. 5 (4) However, the chief psychiatrist must not disclose under 6 subsection (2)-- 7 (a) details about the specific treatment and care provided to 8 the relevant patient, including, for example, the type of 9 medication being given to the relevant patient; or 10 (b) the address of a place in the community at which the 11 relevant patient is living. 12 (5) The chief psychiatrist may enter into arrangements with a 13 victim support service to enable the service, on behalf of the 14 chief psychiatrist, to give the information to the person. 15 319 Amendment of notice to change applicant's nominee 16 (1) A person who is entitled to receive information about a 17 relevant patient under an information notice may apply to the 18 chief psychiatrist to amend the notice by adding, or changing, 19 the applicant's nominee. 20 (2) The application must be in the approved form and be 21 accompanied by-- 22 (a) the name of the applicant's proposed nominee; and 23 (b) a statutory declaration by the nominee stating that the 24 nominee will not publish information received under the 25 notice in contravention of section 324. 26 (3) The chief psychiatrist must decide to approve or refuse to 27 approve the application within 14 days after receiving the 28 application. 29 (4) The chief psychiatrist must approve the application if the 30 chief psychiatrist is satisfied the nominee is suitable to receive 31 information under the notice. 32 Page 248

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 320] (5) The chief psychiatrist must give the applicant notice of the 1 decision within 7 days after making it. 2 (6) If the decision is to approve the application, the chief 3 psychiatrist must give the applicant an amended information 4 notice. 5 (7) If the decision is to refuse to approve the application, the 6 notice must state-- 7 (a) the reasons for the decision; and 8 (b) that the applicant may appeal to the tribunal against the 9 decision within 28 days after the applicant receives the 10 notice; and 11 (c) how the appeal is made. 12 320 Mandatory revocation 13 (1) The chief psychiatrist must revoke an information notice 14 relating to a relevant patient if-- 15 (a) the tribunal revokes the relevant patient's forensic order 16 and a treatment support order is not made for the 17 patient; or 18 (b) the tribunal revokes the relevant patient's treatment 19 support order; or 20 (c) the relevant patient's order ends in a way other than by 21 revocation by-- 22 (i) the Mental Health Court under section 166(2)(b); 23 or 24 (ii) the tribunal; or 25 (d) the person entitled to receive information under the 26 notice asks the chief psychiatrist to revoke the notice; or 27 (e) the chief psychiatrist is satisfied disclosure of 28 information under the notice is likely to-- 29 (i) result in serious harm to the relevant patient's 30 health or welfare; or 31 Page 249

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 320] (ii) put the safety of the relevant patient or someone 1 else at serious risk; or 2 (f) subject to subsection (5), the relevant patient has been 3 transferred under chapter 12, part 10, division 2 to an 4 interstate mental health service. 5 (2) The chief psychiatrist must give written notice of the decision 6 to revoke the information notice to the person entitled to 7 receive information under the notice within 7 days after the 8 decision is made. 9 (3) The written notice must state-- 10 (a) the reasons for the decision; and 11 (b) that the person may appeal to the tribunal against the 12 decision within 28 days after the person receives the 13 notice; and 14 (c) how the appeal is made. 15 (4) Despite subsection (1), if the relevant patient's forensic order 16 or treatment support order is revoked as mentioned in 17 subsection (1)(a) or (b) and is reinstated on appeal-- 18 (a) the information notice is reinstated on the day the 19 forensic order or treatment support order is reinstated; 20 and 21 (b) the chief psychiatrist must give notice of the 22 reinstatement of the information notice to the person 23 entitled to receive information under the notice within 7 24 days after the reinstatement. 25 (5) Despite subsection (1), if the relevant patient returns to 26 Queensland before the patient's forensic order or treatment 27 support order ends under section 526-- 28 (a) the information notice is reinstated on the day the 29 relevant patient returns to Queensland; and 30 (b) the chief psychiatrist must give notice of the 31 reinstatement of the information notice to the person 32 Page 250

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 321] entitled to receive information under the notice within 7 1 days after the reinstatement. 2 321 Discretionary revocation 3 (1) The chief psychiatrist may revoke an information notice 4 relating to a relevant patient if-- 5 (a) the chief psychiatrist is unable, after making reasonable 6 efforts, to locate the person entitled to receive 7 information under the notice; or 8 (b) the person entitled to receive information under the 9 notice has contravened section 324. 10 (2) However, before revoking an information notice under 11 subsection (1)(b), the chief psychiatrist must give the person a 12 reasonable opportunity to make a submission to the chief 13 psychiatrist about why the notice should not be revoked. 14 (3) The chief psychiatrist must give written notice of the decision 15 to revoke the information notice to the person entitled to 16 receive information under the notice within 7 days after 17 making it. 18 (4) The written notice must state-- 19 (a) the reasons for the decision; and 20 (b) that the person may appeal to the tribunal against the 21 decision within 28 days after the person receives the 22 notice; and 23 (c) how the appeal is made. 24 Page 251

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 322] Division 3 Miscellaneous 1 322 Tribunal must give particular information to chief 2 psychiatrist about relevant patient 3 (1) This section applies if the tribunal makes a decision that 4 increases the extent of treatment in the community received 5 by a relevant patient. 6 (2) The tribunal must, for the purpose of enabling the chief 7 psychiatrist to comply with section 318(2), give the chief 8 psychiatrist a written notice containing a brief explanation of 9 the decision. 10 (3) The chief psychiatrist may use the written notice only for the 11 purpose for which it is given. 12 (4) To remove any doubt, it is declared that the written notice is 13 not a statement of reasons for the tribunal's decision. 14 323 Telling relevant patient about information notice 15 (1) This section applies if an information notice relating to a 16 relevant patient is made. 17 (2) The chief psychiatrist, or another person performing a 18 function under this Act in relation to the relevant patient, must 19 not tell the relevant patient about the making of the notice, or 20 any other matter that may identify the applicant for the 21 information notice. 22 (3) However, the chief psychiatrist or other person may tell the 23 relevant patient the prescribed information about the 24 information notice if-- 25 (a) the applicant for the information notice requests that the 26 prescribed information be given to the relevant patient; 27 and 28 (b) the chief psychiatrist, or an authorised doctor, considers 29 telling the relevant patient the prescribed information is 30 in the patient's best interests. 31 Page 252

Mental Health Bill 2015 Chapter 10 Chief psychiatrist Part 6 Information notices [s 324] (4) In this section-- 1 prescribed information, about an information notice, 2 means-- 3 (a) the fact of the making of the notice; or 4 (b) the fact of the making of the notice and the name of the 5 applicant for the information notice. 6 324 Misuse of information made available under an 7 information notice 8 (1) This section applies in relation to information a person has 9 because it has been made available to a person under an 10 information notice. 11 (2) The person must not publish the information unless the 12 publication is required or permitted under the information 13 notice, or an Act or law. 14 Maximum penalty--200 penalty units. 15 325 Application of part to forensic disability client 16 This part applies in relation to a forensic disability client as 17 if-- 18 (a) a reference in the part to a relevant patient were a 19 reference to a forensic disability client; and 20 (b) a reference in the part to the chief psychiatrist were a 21 reference to the director of forensic disability; and 22 (c) a reference in the part to an authorised mental health 23 service were a reference to the forensic disability 24 service. 25 Page 253

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 1 Preliminary [s 326] Chapter 11 Authorised mental health 1 services 2 Part 1 Preliminary 3 326 Purpose of ch 11 4 The purpose of this chapter is to provide for-- 5 (a) the declaration of authorised mental health services; and 6 (b) the appointment, functions and powers of administrators 7 of authorised mental health services, authorised doctors 8 and authorised mental health practitioners; and 9 (c) the transfer of the responsibility for particular patients-- 10 (i) between authorised mental health services; and 11 (ii) between an authorised mental health service and 12 the forensic disability service; and 13 (iii) between an authorised mental health service and an 14 interstate mental health service; and 15 Note-- 16 See chapter 12, part 10 for approvals to transfer forensic 17 and other patients into and out of Queensland. 18 (d) powers of authorised persons in relation to transporting 19 persons under this Act; and 20 (e) matters relating to the security of authorised mental 21 health services and other particular services. 22 Page 254

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 2 Declaration of authorised mental health services [s 327] Part 2 Declaration of authorised 1 mental health services 2 327 Declaration of authorised mental health service 3 (1) The chief psychiatrist may, by gazette notice, declare a health 4 service, or part of a health service, providing treatment and 5 care to persons who have a mental illness to be an authorised 6 mental health service. 7 (2) However, if the health service is not a public sector health 8 service, the declaration may be made only with the written 9 agreement of the health service. 10 (3) The declaration may include conditions the chief psychiatrist 11 considers appropriate, including, for example, a condition to 12 facilitate the provision of treatment and care to persons who 13 have a mental illness in rural or remote areas. 14 328 Declaration of high security unit 15 The chief psychiatrist may, by gazette notice, declare a public 16 sector mental health service, or part of a public sector mental 17 health service, to be a high security unit. 18 329 Declaration of authorised mental health service (rural and 19 remote) 20 (1) The chief psychiatrist may, by gazette notice, declare an 21 authorised mental health service, or part of an authorised 22 mental health service, to be an authorised mental health 23 service (rural and remote). 24 (2) The chief psychiatrist may act under subsection (1) only if 25 satisfied the authorised mental health service is in a rural or 26 remote area. 27 Page 255

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 3 Administrators of authorised mental health services [s 330] Part 3 Administrators of authorised 1 mental health services 2 330 Appointment 3 (1) The chief psychiatrist may, by gazette notice, appoint a person 4 to be the administrator of an authorised mental health service. 5 (2) The appointment may identify the administrator by name or 6 by reference to the holder of a stated office. 7 331 Functions 8 (1) The administrator of an authorised mental health service has 9 the following functions-- 10 (a) to the extent practicable, ensuring the operation of the 11 authorised mental health service complies with this Act; 12 (b) taking reasonable steps to ensure patients of the 13 authorised mental health service receive appropriate 14 treatment and care; 15 (c) notifying patients of the authorised mental health 16 service, the chief psychiatrist, the tribunal and others of 17 decisions and other matters as required under this Act; 18 (d) appointing authorised doctors and authorised mental 19 health practitioners. 20 (2) Also, the administrator has the other functions given to the 21 administrator under this or another Act. 22 332 Powers 23 (1) The administrator of an authorised mental health service has 24 the powers given under this Act. 25 (2) Also, the administrator may do all things necessary or 26 convenient to be done to perform the administrator's 27 functions. 28 Page 256

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 3 Administrators of authorised mental health services [s 333] 333 Register of authorised doctors and authorised mental 1 health practitioners 2 The administrator of an authorised mental health service must 3 keep a register of persons holding office as an authorised 4 doctor, authorised mental health practitioner, or health 5 practitioner appointed under section 339 to perform particular 6 functions, appointed by the administrator. 7 334 Record of relevant patients 8 (1) The administrator of an authorised mental health service must 9 keep a record of each relevant patient of the service. 10 (2) Without limiting subsection (1), the record must contain the 11 following information-- 12 (a) the day the person becomes a relevant patient of the 13 authorised mental health service; 14 (b) the day the person stops being a relevant patient; 15 (c) details of the basis on which the person is a relevant 16 patient; 17 (d) details of any change to the basis on which the person is 18 a relevant patient and the day the change happens; 19 (e) the category of a treatment authority, forensic order or 20 treatment support order for the relevant patient and 21 details of any limited community treatment; 22 (f) the conditions of a treatment authority, forensic order or 23 treatment support order for the relevant patient; 24 (g) details of temporary absences approved under section 25 221 for the relevant patient and the reason for the 26 absences. 27 (3) In this section-- 28 relevant patient means an involuntary patient or classified 29 patient (voluntary). 30 Page 257

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 4 Authorised doctors and authorised mental health practitioners [s 335] 335 Delegation 1 (1) The administrator of an authorised mental health service may 2 delegate the administrator's functions under this Act to an 3 appropriately qualified health service employee of the service. 4 (2) In this section-- 5 function includes a power. 6 Part 4 Authorised doctors and 7 authorised mental health 8 practitioners 9 Division 1 Appointment, functions and powers 10 336 Appointment of authorised doctor 11 (1) The administrator of an authorised mental health service may, 12 by instrument in writing, appoint a doctor as an authorised 13 doctor. 14 (2) However, the administrator may appoint a person under 15 subsection (1) only if satisfied the person has the 16 competencies, stated in a policy, necessary to be an authorised 17 doctor. 18 337 When administrator is authorised doctor 19 If the administrator of an authorised mental health service is a 20 psychiatrist, the administrator is an authorised doctor. 21 Page 258

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 4 Authorised doctors and authorised mental health practitioners [s 338] 338 Appointment of authorised mental health practitioner 1 (1) The administrator of an authorised mental health service may, 2 by instrument in writing, appoint a health practitioner as an 3 authorised mental health practitioner. 4 (2) However, the administrator may appoint a person under 5 subsection (1) only if satisfied the person has the 6 competencies, stated in a policy, necessary to be an authorised 7 mental health practitioner. 8 339 Appointment of health practitioner to perform particular 9 functions of authorised doctor 10 (1) The administrator of an authorised mental health service may 11 appoint a health practitioner of a class prescribed by 12 regulation to perform the functions or exercise the powers of 13 an authorised doctor that are prescribed by regulation for the 14 class of health practitioner. 15 (2) However, the administrator may appoint a person under 16 subsection (1) only if satisfied the person is appropriately 17 qualified. 18 (3) Before recommending to the Governor in Council the making 19 of a regulation under subsection (1), the Minister must be of 20 the opinion that the class of health practitioner proposed to be 21 prescribed has the competencies the chief psychiatrist 22 considers necessary to perform the functions or exercise the 23 powers of an authorised doctor proposed to be prescribed for 24 the class. 25 (4) In this section-- 26 health practitioner means a health practitioner other than a 27 doctor. 28 340 Appointment conditions and limit on powers 29 (1) This section applies to each of the following-- 30 (a) an authorised doctor appointed under section 336; 31 Page 259

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 4 Authorised doctors and authorised mental health practitioners [s 341] (b) an authorised mental health practitioner appointed under 1 section 338; 2 (c) a health practitioner appointed under section 339 to 3 perform particular functions. 4 (2) The person holds office-- 5 (a) on any conditions stated in-- 6 (i) the person's instrument of appointment; or 7 (ii) a signed notice given to the person; and 8 (b) for an authorised doctor or authorised mental health 9 practitioner--on the condition that the doctor or 10 authorised mental health practitioner continues to have 11 the competencies, stated in a policy, necessary to be an 12 authorised doctor or authorised mental health 13 practitioner. 14 (3) The instrument of appointment or signed notice given to the 15 person may limit the person's powers. 16 (4) In this section-- 17 signed notice, given to a person, means a notice signed by the 18 administrator of the authorised mental health service who 19 appointed the person. 20 341 When office ends 21 (1) This section applies to each of the following-- 22 (a) an authorised doctor appointed under section 336; 23 (b) an authorised mental health practitioner appointed under 24 section 338; 25 (c) a health practitioner appointed under section 339 to 26 perform particular functions. 27 (2) The office of the person under the appointment ends if any of 28 the following happens-- 29 Page 260

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 4 Authorised doctors and authorised mental health practitioners [s 342] (a) for an authorised doctor appointed under section 1 336--the authorised doctor stops being a doctor; 2 (b) for an authorised mental health practitioner appointed 3 under section 338--the authorised mental health 4 practitioner stops being a health practitioner of the type 5 that was the basis for the person's appointment; 6 (c) for a health practitioner appointed under section 339 to 7 perform particular functions--the health practitioner 8 stops being a health practitioner of the class prescribed 9 by regulation that was the basis for the person's 10 appointment; 11 (d) the term of office stated in a condition of office ends; 12 (e) the office ends under another condition of office; 13 (f) the chief psychiatrist-- 14 (i) is satisfied the person is unable to perform the 15 functions of the office, including, for example, 16 because the person does not have the 17 competencies, stated in a policy, necessary for the 18 office; and 19 (ii) gives written notice to the person stating the person 20 stops holding office on a date stated in the notice; 21 (g) the person resigns by written notice given to the 22 administrator of the authorised mental health service 23 who appointed the person. 24 (3) Subsection (2) does not limit the ways in which the person 25 may stop holding office. 26 (4) In this section-- 27 condition of office means a condition under which a person 28 mentioned in subsection (1) holds office. 29 342 Functions and powers 30 Subject to section 340, an authorised doctor, authorised 31 mental health practitioner, or health practitioner appointed 32 Page 261

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 4 Authorised doctors and authorised mental health practitioners [s 343] under section 339 to perform particular functions, has the 1 functions and powers given under this Act. 2 343 Requirement to give notice of particular decisions 3 (1) This section applies if an authorised doctor, authorised mental 4 health practitioner, or health practitioner appointed under 5 section 339 to perform particular functions (each a 6 decision-maker) makes a decision under this Act in relation to 7 an involuntary patient or classified patient (voluntary). 8 (2) The decision-maker must give written notice of the decision to 9 the administrator of the patient's treating health service. 10 Division 2 Identity cards 11 344 Issue of identity card 12 (1) The administrator of an authorised mental health service must 13 issue an identity card to each of the following persons 14 appointed by the administrator-- 15 (a) an authorised doctor; 16 (b) an authorised mental health practitioner; 17 (c) a health practitioner appointed under section 339 to 18 perform particular functions. 19 (2) The identity card must-- 20 (a) contain a recent photo of the person; and 21 (b) identify the person as an authorised doctor, authorised 22 mental health practitioner, or health practitioner 23 appointed to perform particular functions, under this 24 Act; and 25 (c) state an expiry date for the card. 26 (3) This section does not prevent the issue of a single identity 27 card to a person for this Act and other purposes. 28 Page 262

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 5 Transfer of patients [s 345] 345 Production or display of identity card 1 (1) In exercising a power in relation to a person in the person's 2 presence, an authorised doctor, authorised mental health 3 practitioner, or health practitioner appointed under section 4 339 to perform particular functions (each a practitioner), 5 must-- 6 (a) produce the practitioner's identity card for the person's 7 inspection before exercising the power; or 8 (b) have the identity card displayed so it is clearly visible to 9 the person when exercising the power. 10 (2) However, if it is not practicable to comply with subsection (1), 11 the practitioner must produce the identity card for the person's 12 inspection at the first reasonable opportunity. 13 346 Return of identity card 14 If the office of a person mentioned in section 344(1) ends, the 15 person must return the person's identity card to the 16 administrator of the authorised mental health service who 17 appointed the person within 21 days after the office ends, 18 unless the person has a reasonable excuse. 19 Maximum penalty--20 penalty units. 20 Part 5 Transfer of patients 21 Division 1 Preliminary 22 347 Purpose of pt 5 23 The purpose of this part is to provide for the transfer of the 24 responsibility for particular patients-- 25 (a) between authorised mental health services; and 26 Page 263

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 5 Transfer of patients [s 348] (b) between an authorised mental health service and the 1 forensic disability service; and 2 (c) between an authorised mental health service and an 3 interstate mental health service. 4 Note-- 5 See chapter 12, part 10 for approvals to transfer forensic and 6 other patients into and out of Queensland. 7 348 Definition for pt 5 8 In this part-- 9 transfer considerations, for a person, means-- 10 (a) the person's mental state and psychiatric history; and 11 (b) the person's treatment and care needs; and 12 (c) whether the transfer is in the best interests of the person, 13 including, for example, enabling the person to be closer 14 to the person's family, carers or other support persons; 15 and 16 (d) if relevant, security requirements for the person. 17 Division 2 Authorised mental health service 18 transfers 19 349 Transfer between services by agreement of 20 administrators 21 (1) This section applies to a person who is an involuntary patient, 22 or a classified patient (voluntary), of an authorised mental 23 health service. 24 (2) The administrator of the authorised mental health service (the 25 first AMHS) may agree with the administrator of another 26 authorised mental health service (the second AMHS) to 27 transfer the responsibility for the person from the first AMHS 28 to the second AMHS. 29 Page 264

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 5 Transfer of patients [s 350] (3) In deciding whether to agree to a transfer under subsection 1 (2), the administrator of the first AMHS and the administrator 2 of the second AMHS must have regard to the transfer 3 considerations for the person. 4 (4) If any of the following circumstances apply, the transfer must 5 not happen unless the chief psychiatrist has approved the 6 transfer in writing-- 7 (a) the person is subject to a forensic order; 8 (b) the person is subject to a judicial order; 9 (c) the person is subject to a treatment authority but is not a 10 classified patient, and the transfer is to a high security 11 unit; 12 (d) the person is a minor, and the transfer is to a high 13 security unit. 14 (5) In deciding whether to approve a transfer under subsection 15 (4), the chief psychiatrist must have regard to the transfer 16 considerations for the person. 17 (6) If a person transferred under this section is a classified patient 18 and the chief psychiatrist is not required to approve the 19 transfer under subsection (4), the administrator of the first 20 AMHS must give written notice of the transfer to the chief 21 psychiatrist within 7 days after the transfer. 22 350 Transfer between services by requirement of chief 23 psychiatrist 24 (1) This section applies to a person who is an involuntary patient, 25 or a classified patient (voluntary), of an authorised mental 26 health service. 27 (2) The chief psychiatrist may, by written notice, require the 28 administrator of the authorised mental health service to 29 transfer the responsibility for the person from the authorised 30 mental health service to another authorised mental health 31 service. 32 Page 265

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 5 Transfer of patients [s 351] (3) In deciding whether to require a transfer under this section, 1 the chief psychiatrist must have regard to the transfer 2 considerations for the person. 3 Division 3 Forensic disability service transfers 4 351 Transfer between authorised mental health service and 5 forensic disability service 6 (1) This section applies to a person subject to a forensic order 7 (disability). 8 (2) The chief psychiatrist and the director of forensic disability 9 may agree to transfer the responsibility for the person from an 10 authorised mental health service to the forensic disability 11 service, or vice versa. 12 (3) In deciding whether to agree to a transfer under subsection 13 (2), the chief psychiatrist and the director of forensic 14 disability must have regard to-- 15 (a) the transfer considerations for the person; and 16 (b) the person's intellectual disability. 17 Division 4 Interstate transfers 18 352 Transfer of person subject to treatment authority to 19 another State 20 (1) This section applies to a person subject to a treatment 21 authority who is a patient of an authorised mental health 22 service (the AMHS). 23 (2) The administrator of the AMHS may agree with a responsible 24 officer of an interstate mental health service to transfer the 25 responsibility for the person from the AMHS to the interstate 26 mental health service if the administrator is satisfied-- 27 Page 266

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 5 Transfer of patients [s 353] (a) the transfer is in the best interests of the person, 1 including, for example, enabling the person to be closer 2 to the person's family, carers or other support persons; 3 and 4 (b) appropriate treatment and care is available for the 5 person at the interstate mental health service. 6 (3) The person's treatment authority ends when the person leaves 7 Queensland. 8 353 Transfer of person subject to interstate order from 9 another State 10 (1) This section applies to a person subject to an interstate order 11 who is a patient of an interstate mental health service. 12 (2) The administrator of an authorised mental health service (the 13 AMHS) may agree with a responsible officer of the interstate 14 mental health service to transfer the responsibility for the 15 person from the interstate mental health service to the AMHS 16 if the administrator of the AMHS is satisfied-- 17 (a) the transfer is in the best interests of the person, 18 including, for example, enabling the person to be closer 19 to the person's family, carers or other support persons; 20 and 21 (b) appropriate treatment and care is available for the 22 person at the AMHS; and 23 (c) an authorised doctor is likely to consider, on the 24 person's admission to the AMHS, that-- 25 (i) the treatment criteria apply to the person; and 26 (ii) there is no less restrictive way for the person to 27 receive treatment and care for the person's mental 28 illness. 29 (3) On the person's admission to the AMHS, an authorised doctor 30 must make an assessment of the person to decide-- 31 (a) whether the treatment criteria apply to the person; and 32 Page 267

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 5 Transfer of patients [s 354] (b) whether there is a less restrictive way for the person to 1 receive treatment and care for the person's mental 2 illness. 3 (4) The person may be detained for assessment in the AHMS for 4 a period of not more than 6 hours starting when the person is 5 admitted to the AHMS. 6 (5) If, on making the assessment, the authorised doctor is satisfied 7 the treatment criteria apply to the person and there is no less 8 restrictive way for the person to receive treatment and care for 9 the person's mental illness, the authorised doctor may decide 10 to make an authority for the person. 11 (6) The authority is taken to be a treatment authority made under 12 section 49 by the authorised doctor for the person. 13 (7) In this section-- 14 interstate order means an order, however described, made 15 under a corresponding law that provides for similar matters to 16 a treatment authority. 17 Division 5 General provisions 18 354 Responsibility for person 19 (1) If the responsibility for a person is transferred, under division 20 2 or 3, from a service to another service, the responsibility for 21 the person's treatment and care under the person's order or 22 authority is transferred from the administrator of the first 23 service to the administrator of the second service. 24 (2) An order or authority to which the person is subject, under 25 this Act or the Forensic Disability Act, is otherwise affected 26 by the transfer only to the extent this Act or the Forensic 27 Disability Act expressly provides. 28 (3) In this section-- 29 service means an authorised mental health service or the 30 forensic disability service. 31 Page 268

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 355] 355 Power to transport 1 (1) This section applies if the responsibility for a person is 2 transferred, under this part, from an entity to another entity. 3 (2) An authorised person may transport the person from the first 4 entity to the second entity. 5 (3) If 1 of the entities is the forensic disability service, a person 6 who is authorised under the Forensic Disability Act to 7 transport a forensic disability client under that Act may 8 transport the person to or from the entity. 9 (4) If 1 of the entities is an interstate mental health service, a 10 person who is authorised under a corresponding law to 11 transport a person may transport the person to or from the 12 entity. 13 356 Notice to tribunal 14 (1) This section applies if the responsibility for a person is 15 transferred from an authorised mental health service, or the 16 forensic disability service, to another entity. 17 (2) The administrator of the authorised mental health service or 18 forensic disability service must give written notice of the 19 transfer to the tribunal within 7 days after the day of the 20 transfer. 21 Part 6 Transport of persons 22 Division 1 Preliminary 23 357 Who is an authorised person 24 (1) Each of the following is an authorised person-- 25 (a) the administrator of an authorised mental health service; 26 Page 269

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 357] (b) an ambulance officer; 1 (c) an authorised doctor; 2 (d) an authorised mental health practitioner; 3 (e) a police officer. 4 (2) Also, if a person is to be transported to or from a corrective 5 services facility or youth detention centre, each of the 6 following is an authorised person-- 7 (a) a corrective services officer for the purpose of taking the 8 person to or from the facility; 9 (b) a youth detention employee for the purpose of taking the 10 person to or from the centre. 11 (3) Also, the administrator of an authorised mental health service 12 may in writing appoint a health service employee of the 13 authorised mental health service as an authorised person. 14 (4) An authorised person, other than a police officer, is a public 15 official for the Police Powers and Responsibilities Act 2000. 16 (5) In this section-- 17 corrective services facility see the Corrective Services Act 18 2006, schedule 4. 19 corrective services officer see the Corrective Services Act 20 2006, schedule 4. 21 youth detention centre means a detention centre established 22 under the Youth Justice Act 1992, section 262. 23 youth detention employee means a detention centre employee 24 under the Youth Justice Act 1992. 25 Page 270

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 358] Division 2 Transport of persons within and to 1 and from authorised mental health 2 services and other particular places 3 358 Transport within authorised mental health service 4 The administrator of an authorised mental health service, an 5 authorised doctor, or another person approved by the 6 administrator or authorised doctor, may transport an 7 involuntary patient or classified patient (voluntary) from 1 8 place in the authorised mental health service to another place 9 in the authorised mental health service. 10 Examples-- 11 • a patient may be transported to a different inpatient unit within the 12 service 13 • a patient may be transported to another place in the service for an 14 examination or diagnostic test 15 359 Transport to or from authorised mental health service 16 and other particular places 17 An authorised person may transport an involuntary patient or 18 classified patient (voluntary) to or from an authorised mental 19 health service, public sector health service facility, place of 20 custody, court or a place in the community for the purposes of 21 this Act. 22 360 Taking person after treatment and care to person's 23 requested place 24 (1) This section applies if-- 25 (a) a person is transported from a place in the community to 26 an authorised mental health service under an 27 examination authority or recommendation for 28 assessment; or 29 (b) a person is transported from a place in the community to 30 an authorised mental health service under an emergency 31 Page 271

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 361] examination authority and a recommendation for 1 assessment is made for the person. 2 (2) At the end of the person's detention in an authorised mental 3 health service, including under a recommendation for 4 assessment or treatment authority made for the person after 5 the examination or assessment of the person, the administrator 6 of the service must take reasonable steps to ensure the person 7 is returned to a place reasonably requested by the person. 8 Division 3 Transport of absent persons 9 361 Application of div 3 10 This division applies if-- 11 (a) a person absconds while being lawfully detained under 12 this Act or in a person's charge under section 620(2); or 13 (b) a person subject to a treatment authority, forensic order 14 or treatment support order is being treated in the 15 community and the person does not attend at an 16 authorised mental health service or public sector health 17 service facility as required under the authority or order; 18 or 19 (c) a treatment authority, forensic order, treatment support 20 order or judicial order is made for a person requiring the 21 person to be detained in an authorised mental health 22 service and the person is not in an authorised mental 23 health service when the authority or order is made; or 24 (d) the category of a patient's treatment authority, forensic 25 order or treatment support order is changed to inpatient; 26 or 27 (e) a forensic patient is receiving limited community 28 treatment and the chief psychiatrist orders the 29 suspension of the treatment under section 311(2)(a); or 30 Page 272

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 362] (f) the chief psychiatrist orders the category of a patient's 1 forensic order to be changed to inpatient under section 2 311(2)(b); or 3 (g) a patient is temporarily absent from an authorised 4 mental health service under section 221, or receiving 5 limited community treatment, and either of the 6 following applies-- 7 (i) the patient does not return to the authorised mental 8 health service at the end of the absence or 9 treatment; 10 (ii) the approval of the absence, or authorisation of the 11 treatment, is revoked; or 12 (h) a person does not attend at an authorised mental health 13 service as directed under section 56 or 99; or 14 (i) a person subject to an examination order does not attend 15 at an authorised mental health service or public sector 16 health service facility as directed under the order; or 17 (j) a person does not attend at an examining practitioner as 18 directed under section 719(4)(b). 19 362 Administrator or person in charge may require return of 20 absent person 21 (1) The administrator of an authorised mental health service, or 22 person in charge of a public sector health service facility, 23 may-- 24 (a) authorise an authorised person, other than a police 25 officer, to transport a person mentioned in section 361 to 26 an authorised mental health service or public sector 27 health service facility; or 28 (b) ask a police officer to transport a person mentioned in 29 section 361 to an authorised mental health service or 30 public sector health service facility. 31 (2) The authorisation or request must-- 32 Page 273

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 363] (a) be in the approved form; and 1 (b) state the name of the person to be transported; and 2 (c) state the name of the authorised mental health service or 3 public sector health service facility to which the person 4 is to be transported; and 5 (d) identify the risk the person presents to himself or 6 herself, the authorised person or police officer, and 7 others; and 8 (e) for a request to a police officer--state the reasons why 9 the administrator or person in charge considers it 10 necessary for a police officer to transport the person. 11 (3) Before acting under this section, the administrator or person 12 in charge must make reasonable efforts to contact the person 13 and encourage the person to come or return to the authorised 14 mental health service or public sector health service facility. 15 (4) Subsection (3) does not apply if the administrator or person in 16 charge considers there is a risk the person may harm himself 17 or herself or others if the administrator or person in charge 18 complies with the subsection. 19 Note-- 20 See also section 375 for applying for a warrant for the apprehension of a 21 person. 22 363 Limitation on requirement to return particular absent 23 persons 24 (1) This section applies if a person absconds while being lawfully 25 detained-- 26 (a) under a recommendation for assessment; or 27 (b) before the end of the assessment period for the person; 28 or 29 (c) under an examination authority; or 30 (d) under section 36. 31 Page 274

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 364] (2) An authorisation or request under section 362 to transport the 1 person is in force for 3 days after the day the person absconds. 2 364 Authorised person may transport absent person 3 (1) This section applies if an authorised person is authorised to 4 transport a person under section 362(1). 5 (2) The authorised person may transport the person named in the 6 authorisation to the authorised mental health service or public 7 sector health service facility stated in the authorisation. 8 (3) If an authorised person mentioned in section 362(1)(a) intends 9 to ask a police officer, under the Police Powers and 10 Responsibilities Act 2000, section 16, to help transport the 11 named person, the authorised person must ask the police 12 officer in the approved form mentioned in section 362(2)(a). 13 Note-- 14 Under section 357(4), an authorised person, other than a police officer, 15 is a public official for the Police Powers and Responsibilities Act 2000. 16 Under section 16 of that Act, a public official may ask a police officer to 17 help the public official perform the public official's functions. 18 (4) The approved form must state the reasons why the authorised 19 person considers it necessary to ask the police officer to help 20 transport the person. 21 (5) Before transporting the person, the authorised person must-- 22 (a) tell the person the authorised person is detaining the 23 person and transporting the person to the authorised 24 mental health service or public sector health service 25 facility stated in the authorisation; and 26 (b) explain to the person how taking action under paragraph 27 (a) may affect the person. 28 365 Effect on assessment period 29 If a person transported under an authorisation or request under 30 section 362 was subject to a recommendation for assessment 31 Page 275

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 366] when the person absconded or the person absconded before 1 the end of the assessment period for the person-- 2 (a) despite section 41, the recommendation for assessment 3 continues in force; and 4 (b) despite section 45, the assessment period for the person 5 starts when the person is admitted to the service or 6 facility to which the person is transported under section 7 364; and 8 (c) a health service employee must note on the 9 recommendation for assessment when the assessment 10 period starts under paragraph (b). 11 Division 4 Transport of persons to and from 12 interstate mental health services 13 366 Apprehension of person absent from interstate mental 14 health service 15 (1) An authorised person who is a police officer may apprehend, 16 in Queensland, a person-- 17 (a) who is absent without permission from an interstate 18 mental health service; and 19 (b) for whom a warrant for the person's apprehension has 20 been issued under a corresponding law of the State in 21 which the interstate mental health service is located (the 22 other State). 23 (2) For subsection (1), a warrant issued under a corresponding 24 law authorising a person's apprehension is taken to be a 25 warrant for apprehension of the person under this Act by a 26 police officer. 27 (3) If the person is apprehended under this section, a police 28 officer may transport the person to an interstate mental health 29 service in the other State or an authorised mental health 30 service. 31 Page 276

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 367] (4) The person may be detained in an authorised mental health 1 service for the period reasonably necessary to enable the 2 administrator of the service to make arrangements for the 3 person's return to an interstate mental health service. 4 367 Transport of person in Queensland to interstate mental 5 health service 6 (1) This section applies to a person in Queensland who-- 7 (a) appears to have a mental illness and may be detained 8 and transported to an authorised mental health service or 9 public sector health service facility under the Public 10 Health Act 2005, section 157B; or 11 (b) is subject to a recommendation for assessment. 12 (2) If permitted under a corresponding law, the person may be 13 transported to an interstate mental health service by-- 14 (a) an authorised person; or 15 (b) a person who, under a corresponding law, is authorised 16 to transport the person to an interstate mental health 17 service. 18 368 Transport of person outside Queensland to authorised 19 mental health service 20 (1) This section applies to a person outside Queensland who, 21 under a corresponding law, may be transported to an interstate 22 mental health service for-- 23 (a) emergency involuntary examination or treatment and 24 care relating to a mental illness; or 25 (b) an involuntary assessment of whether the person should 26 be involuntarily treated for a mental illness. 27 (2) If subsection (1)(a) applies, the person may be transported to 28 either of the following places for emergency examination or 29 treatment and care-- 30 (a) an authorised mental health service; 31 Page 277

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 369] (b) a public sector health service facility. 1 (3) If the public sector health service facility mentioned in 2 subsection (2)(b) is not an inpatient hospital, the person may 3 be transported to the facility only with the approval of the 4 person in charge of the facility. 5 (4) If subsection (1)(b) applies, the person may be transported to 6 an authorised mental health service for an involuntary 7 assessment of whether the person should be involuntarily 8 treated for a mental illness. 9 (5) The person may be transported to a place mentioned in 10 subsection (2) or (4) by-- 11 (a) an authorised person; or 12 (b) a person who, under a corresponding law, is authorised 13 to transport the person to an interstate mental health 14 service. 15 (6) A document under a corresponding law that recommends 16 assessment of a person to decide whether the person should be 17 involuntarily treated for a mental illness is taken to be a 18 recommendation for assessment for the purposes of this Act. 19 (7) In this section-- 20 inpatient hospital means a hospital at which a person may be 21 discharged on a day other than the day on which the person 22 was admitted to the hospital. 23 369 Making of emergency examination authority 24 (1) This section applies if a person mentioned in section 25 368(5)(b) (an interstate officer) transports a person to whom 26 section 368(1)(a) applies, to an authorised mental health 27 service or public sector health service facility. 28 (2) The interstate officer must immediately give an authority for 29 the person. 30 (3) The authority must-- 31 (a) be in the approved form; and 32 Page 278

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 370] (b) state the time when it is given. 1 (4) The authority is taken to be an emergency examination 2 authority given for the person under the Public Health Act 3 2005, section 157D. 4 Division 5 Transport powers 5 370 Application of div 5 6 This division applies if an authorised person is required or 7 permitted under this Act to transport a person for a stated 8 purpose. 9 371 Power to detain 10 (1) The power of the authorised person to transport the person 11 includes the power to detain the person. 12 (2) The authorised person may exercise the power to transport the 13 person, including the power to detain the person, with the 14 help, and using the force, that is necessary and reasonable in 15 the circumstances. 16 372 Power to administer medication 17 (1) Despite the absence or refusal of the person's consent, the 18 power of the authorised person to transport the person 19 includes the power to administer medication to the person. 20 (2) However, the medication-- 21 (a) may be administered to the person only if a doctor is 22 satisfied there is no other reasonably practicable way to 23 protect the person or others from physical harm; and 24 (b) must be administered by a doctor or by a registered 25 nurse under the instruction of a doctor. 26 Page 279

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 373] (3) The doctor or registered nurse may administer the medication 1 with the help, and using the force, that is necessary and 2 reasonable in the circumstances. 3 (4) For subsection (2)(b), the doctor's instruction must include 4 the medication's name, the dose, and route and frequency of 5 administration. 6 (5) A doctor or registered nurse who administers medication 7 under this section must keep a written record of the matters 8 mentioned in subsection (4). 9 (6) This section applies despite the Guardianship and 10 Administration Act 2000, chapter 5, part 2, division 1. 11 (7) This section does not apply to a classified patient (voluntary). 12 (8) In this section-- 13 registered nurse means a person registered under the Health 14 Practitioner Regulation National Law-- 15 (a) to practise in the nursing and midwifery profession as a 16 nurse, other than as a student; and 17 (b) in the registered nurses division of that profession. 18 373 Power to use mechanical restraint 19 (1) The power of the authorised person to transport the person 20 includes the power to use mechanical restraint on the person if 21 the person is an involuntary patient. 22 (2) However, the mechanical restraint may be used only if-- 23 (a) the chief psychiatrist has given approval, under 24 subsection (3), for the authorised person to use 25 mechanical restraint on the person; and 26 (b) there is no other reasonably practicable way to protect 27 the person or others from physical harm; and 28 (c) the device used is an approved device; and 29 (d) the use of mechanical restraint on the person, including 30 applying the device to the person, is with no more force 31 Page 280

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 374] than is necessary and reasonable in the circumstances; 1 and 2 (e) the person is observed continuously while restrained. 3 (3) The chief psychiatrist may give approval for an authorised 4 person to use, under this section, mechanical restraint on the 5 person if the chief psychiatrist is satisfied there is no other 6 reasonably practicable way to protect the person or others 7 from physical harm. 8 (4) The approval must state-- 9 (a) the purpose for which mechanical restraint may be used 10 on the person; and 11 (b) the period during which an authorised person may use 12 mechanical restraint on the person; and 13 (c) the approved device that must be used; and 14 (d) any other conditions the chief psychiatrist considers 15 appropriate. 16 (5) For subsection (4)(a), the purpose for which mechanical 17 restraint may be used on the person includes examining, 18 carrying out a diagnostic test on, or providing treatment and 19 care to, the person. 20 374 Power to enter particular places 21 (1) The power of the authorised person to transport the person 22 includes the power to enter a place in which the authorised 23 person reasonably believes the person is if-- 24 (a) an occupier of the place consents to the entry; or 25 (b) it is a public place and the entry is made when the place 26 is open to the public. 27 (2) For asking an occupier of a place to consent to the entry, 28 chapter 14, part 3, division 2 applies as if-- 29 (a) a reference in the division to an inspector were a 30 reference to the authorised person; and 31 Page 281

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 375] (b) a reference in the division to an inspector asking an 1 occupier of a place to consent to an inspector entering 2 the place under section 563(1)(a) were a reference to the 3 authorised person asking the occupier of the place to 4 consent to the authorised person entering the place 5 under this section. 6 Note-- 7 See also the Police Powers and Responsibilities Act 2000, section 21 for 8 other powers of a police officer. 9 (3) If the power to enter a place arises only because an occupier 10 of the place consents to the entry, the power is subject to any 11 conditions of the consent and ceases if the consent is 12 withdrawn. 13 (4) If an authorised person lawfully enters a place under 14 subsection (1) for the purpose of transporting a person, the 15 power of the authorised person to transport the person also 16 includes the power-- 17 (a) to search the place to find the person; and 18 (b) to remain in the place for as long as the authorised 19 person considers it reasonably necessary to find the 20 person. 21 Division 6 Warrant for apprehension of person 22 to transport person 23 375 Application for warrant for apprehension of person 24 (1) This section applies if an authorised person considers a 25 warrant for apprehension of a person is necessary to enable an 26 authorised person to transport the person under this Act to an 27 authorised mental health service or public sector health 28 service facility for examination, assessment, or treatment and 29 care. 30 (2) The authorised person may apply to a magistrate for a warrant 31 for apprehension of the person. 32 Page 282

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 376] (3) The authorised person must prepare a written application 1 stating the grounds on which the warrant is sought. 2 (4) The written application must be sworn. 3 (5) The magistrate may refuse to consider the application until the 4 authorised person gives the magistrate all the information the 5 magistrate requires about the application in the way the 6 magistrate requires. 7 Example-- 8 The magistrate may require additional information supporting the 9 application to be given by statutory declaration. 10 376 Issue of warrant 11 (1) A magistrate may issue the warrant for apprehension of the 12 person if the magistrate is satisfied the warrant is necessary to 13 enable an authorised person to transport the person to an 14 authorised mental health service or public sector health 15 service facility for examination, assessment, or treatment and 16 care. 17 (2) The warrant authorises an authorised person-- 18 (a) to enter a place the authorised person reasonably 19 believes the person is; and 20 (b) to search the place to find the person; and 21 (c) to remain in the place for as long as the authorised 22 person considers it reasonably necessary to find the 23 person; and 24 (d) to transport the person to a stated authorised mental 25 health service or public sector health service facility. 26 Note-- 27 For a police officer's entry and search powers, see the Police Powers and 28 Responsibilities Act 2000, section 21. Also, for the use of force by a 29 police officer, see the Police Powers and Responsibilities Act 2000, 30 section 615. 31 (3) The warrant must state-- 32 Page 283

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 377] (a) the person to whom the warrant applies; and 1 (b) that an authorised person may, with necessary and 2 reasonable help and force, exercise-- 3 (i) the powers under the warrant mentioned in 4 subsection (2); and 5 (ii) the powers mentioned in division 5; and 6 (c) the hours of the day or night when a place mentioned in 7 subsection (2)(a) may be entered; and 8 (d) the magistrate's name; and 9 (e) the day and time of the warrant's issue; and 10 (f) the day, within 7 days after the warrant's issue, the 11 warrant ends. 12 (4) An authorised person may exercise a power under the warrant 13 with the help, and using the force, that is necessary and 14 reasonable in the circumstances. 15 377 Electronic application 16 (1) An application under section 375 may be made by phone, fax, 17 email, radio, videoconferencing or another form of electronic 18 communication if the authorised person reasonably considers 19 it necessary because of-- 20 (a) urgent circumstances; or 21 (b) other special circumstances, including, for example, the 22 authorised person's remote location. 23 (2) The application-- 24 (a) may not be made before the authorised person prepares 25 the written application under section 375(3); but 26 (b) may be made before the written application is sworn. 27 Page 284

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 378] 378 Additional procedure if electronic application 1 (1) For an application made under section 377, the magistrate 2 may issue the warrant for apprehension of the person (the 3 original warrant) only if the magistrate is satisfied-- 4 (a) it was necessary to make the application under section 5 377; and 6 (b) the way the application was made under section 377 was 7 appropriate. 8 (2) After the magistrate issues the original warrant-- 9 (a) if there is a reasonably practicable way of immediately 10 giving a copy of the warrant to the authorised person, 11 including, for example, by sending a copy by fax or 12 email, the magistrate must immediately give a copy of 13 the warrant to the authorised person; or 14 (b) otherwise-- 15 (i) the magistrate must tell the authorised person the 16 information mentioned in section 376(3); and 17 (ii) the authorised person must complete a form of 18 warrant, including by writing on it the information 19 mentioned in section 376(3) told to the person by 20 the magistrate. 21 (3) The copy of the warrant mentioned in subsection (2)(a), or the 22 form of warrant completed under subsection (2)(b) (in either 23 case the duplicate warrant), is a duplicate of, and as effectual 24 as, the original warrant. 25 (4) The authorised person must, at the first reasonable 26 opportunity, send to the magistrate-- 27 (a) the written application complying with section 375(3) 28 and (4); and 29 (b) if the authorised person completed a form of warrant 30 under subsection (2)(b), the completed form of warrant. 31 (5) The magistrate must keep the original warrant and, on 32 receiving the documents under subsection (4)-- 33 Page 285

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 6 Transport of persons [s 379] (a) attach the documents to the original warrant; and 1 (b) give the original warrant and documents to the clerk of 2 the court of the relevant magistrates court. 3 (6) Despite subsection (3), if-- 4 (a) an issue arises in a proceeding about whether an 5 exercise of a power was authorised by a warrant issued 6 under this section; and 7 (b) the original warrant is not produced in evidence; 8 the onus of proof is on the person relying on the lawfulness of 9 the exercise of the power to prove a warrant authorised the 10 exercise of the power. 11 (7) In this section-- 12 relevant magistrates court, in relation to a magistrate, means 13 the Magistrates Court that the magistrate constitutes under the 14 Magistrates Act 1991. 15 379 Defect in relation to a warrant 16 (1) A warrant for apprehension of a person is not invalidated by a 17 defect in-- 18 (a) the warrant; or 19 (b) compliance with this division; 20 unless the defect affects the substance of the warrant in a 21 material particular. 22 (2) In this section-- 23 warrant for apprehension includes a duplicate warrant under 24 section 378(3). 25 380 Warrants--entry procedure 26 (1) This section applies if an authorised person is intending to 27 enter a place under a warrant for apprehension of a person. 28 Page 286

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 381] (2) Before entering the place, the authorised person must do or 1 make a reasonable attempt to do the following things-- 2 (a) identify himself or herself to a person present at the 3 place who is an occupier of the place; 4 Note-- 5 See also the Police Powers and Responsibilities Act 2000, 6 section 637. 7 (b) give the person a copy of the warrant or, if the entry is 8 authorised by a duplicate warrant under section 378(3), 9 a copy of the duplicate warrant; 10 (c) tell the person the authorised person is permitted by the 11 warrant to enter and search the place to find the person 12 named in the warrant; 13 (d) give the person an opportunity to allow the authorised 14 person immediate entry to the place without using force. 15 (3) However, the authorised person need not comply with 16 subsection (2) if the authorised person reasonably believes 17 immediate entry to the place is required to ensure the effective 18 execution of the warrant is not frustrated. 19 Part 7 Security 20 Division 1 Preliminary 21 381 Purpose of pt 7 22 The purpose of this part is to provide for-- 23 (a) the delivery to, and sending of postal articles for, 24 patients in authorised mental health services; and 25 Page 287

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 382] (b) searches of particular patients in authorised mental 1 health services and particular public sector health 2 service facilities; and 3 (c) searches of persons on admission to, or entry into, high 4 security units or other authorised mental health services 5 approved by the chief psychiatrist; and 6 (d) searches of visitors to high security units or other 7 authorised mental health services approved by the chief 8 psychiatrist; and 9 (e) the power of administrators of authorised mental health 10 services to exclude particular visitors to the service. 11 382 Definitions for pt 7 12 In this part-- 13 authorised security officer means-- 14 (a) a security officer; or 15 (b) an appropriately qualified health service employee of an 16 authorised mental health service who is authorised by 17 the administrator of the service to provide security 18 services to the service. 19 general search, of a person, means a search-- 20 (a) to reveal the contents of the person's outer garments, 21 general clothes or hand luggage without touching the 22 person or the luggage; or 23 (b) in which the person may be required to-- 24 (i) open his or her hands or mouth for visual 25 inspection; or 26 (ii) shake his or her hair vigorously. 27 personal search, of a person, means a search in which light 28 pressure is momentarily applied to the person over the 29 person's general clothes without direct contact being made 30 with-- 31 Page 288

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 383] (a) the person's genital or anal areas; or 1 (b) for a female--the person's breasts. 2 postal article includes a postal article carried by a courier 3 service. 4 scanning search, of a person, means a search of the person by 5 electronic or other means that does not require the person to 6 remove the person's general clothes or to be touched by 7 another person. 8 Examples of a scanning search-- 9 • using a portable electronic apparatus or another portable apparatus 10 that can be passed over the person 11 • using an electronic apparatus through which the person is required 12 to pass 13 search requiring the removal of clothing, of a person, means 14 a search in which the person removes all garments during the 15 course of the search, but in which direct contact is not made 16 with the person. 17 security officer means a person employed or engaged by an 18 authorised mental health service to provide security services, 19 regardless of how the person's employment or engagement is 20 described. 21 Division 2 Postal articles and other things in 22 authorised mental health services 23 383 Patient may receive and send postal article 24 (1) A person must not prevent or impede in any way-- 25 (a) the delivery, to a patient of an authorised mental health 26 service, of a postal article addressed to the patient; or 27 (b) the sending of a postal article for a patient of an 28 authorised mental health service. 29 Maximum penalty--20 penalty units. 30 Page 289

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 384] (2) Subsection (1)(a) has effect subject to section 384. 1 (3) A person does not commit an offence against subsection 2 (1)(b) if the addressee of the postal article-- 3 (a) is the subject of a non-contact condition of a forensic 4 order or treatment support order to which the patient is 5 subject; or 6 (b) has given written notice to the administrator of the 7 service asking that postal articles addressed by the 8 patient to the addressee be withheld. 9 (4) In this section-- 10 non-contact condition, of a forensic order or treatment 11 support order to which a patient is subject, means a condition 12 of the order that requires the patient not to contact a stated 13 person. 14 patient means-- 15 (a) an involuntary patient; or 16 (b) a person receiving treatment and care for a mental 17 illness in an authorised mental health service, other than 18 as an involuntary patient, including a person receiving 19 treatment and care under an advance health directive or 20 with the consent of a personal guardian or attorney. 21 384 Administrator may search thing received for patient 22 (1) The administrator of an authorised mental health service, or 23 an appropriately qualified person authorised by the 24 administrator, may open or search anything received at the 25 service for a patient. 26 (2) However, the administrator may exercise a power under 27 subsection (1) only if the patient is present or has been given 28 the opportunity to be present. 29 (3) Subsection (2) does not apply if the patient obstructs the 30 administrator in the exercise of the administrator's powers 31 under subsection (1). 32 Page 290

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 385] (4) In this section-- 1 patient means-- 2 (a) an involuntary patient; or 3 (b) a person receiving treatment and care for a mental 4 illness in an authorised mental health service, other than 5 as an involuntary patient, including a person receiving 6 treatment and care under an advance health directive or 7 with the consent of a personal guardian or attorney. 8 search includes search by-- 9 (a) an electronic scanning device; and 10 (b) a physical examination. 11 Division 3 Searches of patients of authorised 12 mental health services or public 13 sector health service facilities 14 385 Application of div 3 15 This division applies to-- 16 (a) an involuntary patient of an authorised mental health 17 service or public sector health service facility; or 18 (b) a classified patient (voluntary) of an authorised mental 19 health service. 20 386 Power to search on belief of possession of harmful thing 21 (1) This section applies if a doctor or health practitioner believes 22 the patient may have possession of a harmful thing. 23 (2) The doctor or health practitioner may-- 24 (a) carry out a general search, scanning search or personal 25 search of the patient; and 26 Page 291

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 387] (b) if the administrator of the authorised mental health 1 service, or the person in charge of the public sector 2 health service facility, gives approval for a search 3 requiring the removal of clothing--carry out a search 4 requiring the removal of clothing; and 5 (c) carry out a search of the patient's possessions. 6 (3) The administrator of the service, or the person in charge of the 7 facility, may give approval under subsection (2)(b) if the 8 administrator or person in charge believes a search requiring 9 the removal of clothing is necessary in the circumstances. 10 (4) A search under this section may be carried out without the 11 patient's consent. 12 (5) However, before carrying out a search under this section, the 13 doctor or health practitioner must tell the patient the reasons 14 for the search and how it is to be carried out. 15 (6) A doctor or health practitioner may carry out a search under 16 this section with the help, and using the force, that is 17 necessary and reasonable in the circumstances. 18 Division 4 Searches of involuntary patients on 19 admission to or entry into high 20 security units or other approved 21 services 22 387 Application of div 4 23 This division applies to person who is admitted as an 24 involuntary patient to, or enters as an involuntary patient in, an 25 authorised mental health service that is-- 26 (a) a high security unit; or 27 (b) another authorised mental health service, or part of an 28 authorised mental health service, approved by the chief 29 psychiatrist for the purpose of this division. 30 Page 292

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 388] 388 Power to search on admission or entry 1 (1) On the patient's admission to, or entry into, the service, an 2 authorised security officer may, for detecting harmful 3 things-- 4 (a) carry out a general search, scanning search or personal 5 search of the patient; and 6 (b) if the administrator of the service gives approval for a 7 search requiring the removal of clothing--carry out a 8 search requiring the removal of clothing; and 9 (c) carry out a search of the patient's possessions. 10 (2) The administrator of the service may give approval under 11 subsection (1)(b) if the administrator believes a search 12 requiring the removal of clothing is necessary in the 13 circumstances. 14 (3) A search under this section may be carried out without the 15 patient's consent. 16 (4) However, before carrying out a search under this section, the 17 authorised security officer must tell the patient the reasons for 18 the search and how it is to be carried out. 19 (5) An authorised security officer may carry out a search under 20 this section with the help, and using the force, that is 21 necessary and reasonable in the circumstances. 22 Division 5 Searches of visitors to high security 23 units or other approved services 24 389 Application of div 5 25 This division applies to a visitor to an authorised mental 26 health service that is-- 27 (a) a high security unit; or 28 Page 293

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 390] (b) another authorised mental health service, or part of an 1 authorised mental health service, approved by the chief 2 psychiatrist for the purpose of this division. 3 390 Power to search visitor 4 An authorised security officer for the service may ask the 5 visitor-- 6 (a) to submit to a general search, scanning search or 7 personal search by the authorised security officer; or 8 (b) to submit the visitor's possessions to a search. 9 391 Requirement to explain to visitor 10 The authorised security officer must tell the visitor in general 11 terms of-- 12 (a) the officer's powers in relation to the search; and 13 (b) how the search is to be carried out; and 14 (c) the visitor's rights under this division. 15 392 Direction to leave 16 (1) If the visitor does not agree to a request under section 390, the 17 authorised security officer may refuse the visitor permission 18 to enter the service or, if the person is in the service, direct the 19 person to immediately leave the service. 20 (2) If the visitor is directed to leave the service, the visitor must 21 comply with the direction. 22 Maximum penalty--20 penalty units. 23 393 Visitor may leave thing with authorised security officer 24 If the visitor does not want the authorised security officer to 25 search anything in the visitor's possession, the visitor may 26 Page 294

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 394] leave the thing with the officer until the visitor leaves the 1 service. 2 394 Authorised security officer may ask visitor to leave thing 3 with officer 4 (1) The authorised security officer may ask the visitor to leave a 5 thing the officer believes is a harmful thing with the officer 6 until the visitor leaves the service. 7 (2) If the visitor refuses to comply with a request under 8 subsection (1), the officer may refuse the visitor permission to 9 enter the service or, if the person is in the service, direct the 10 person to immediately leave the service. 11 (3) If the visitor is directed to leave the service, the visitor must 12 comply with the direction. 13 Maximum penalty--20 penalty units. 14 395 Visitor may ask for search to stop 15 (1) The authorised security officer must stop the search if the 16 visitor tells the officer the visitor does not want the search to 17 continue and is prepared to leave the service immediately. 18 (2) The visitor must leave the service immediately. 19 Maximum penalty--20 penalty units. 20 396 Return of thing to visitor 21 If the visitor has left a thing with an authorised security 22 officer, the officer must ensure the thing is returned to the 23 visitor if-- 24 (a) the visitor asks for its return; and 25 (b) the officer is satisfied the visitor is about to leave the 26 service. 27 Page 295

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 397] Division 6 Requirements for searches 1 397 Requirements for personal search 2 (1) A person authorised under division 3, 4 or 5 to carry out a 3 personal search (the searcher) may do any 1 or more of the 4 following in relation to the person being searched-- 5 (a) remove and inspect an outer garment or footwear of the 6 person; 7 (b) remove and inspect all things from the pockets of the 8 person's clothing; 9 (c) touch the clothing worn by the person to the extent 10 necessary to detect things in the person's possession; 11 (d) remove and inspect any detected thing. 12 (2) The searcher may exercise a power under subsection (1)(c) 13 only if-- 14 (a) the searcher is the same gender as the person; and 15 (b) the search is carried out in a part of a building that 16 ensures the person's privacy. 17 (3) The searcher must-- 18 (a) carry out the search in a way that respects the person's 19 dignity to the greatest possible extent; and 20 (b) cause as little inconvenience to the person as is 21 practicable in the circumstances. 22 398 Requirements for search requiring removal of clothing 23 (1) A search under division 3 or 4 requiring the removal of 24 clothing of a person must be carried out by at least 2 persons 25 authorised to carry out the search, but by no more persons 26 than are reasonably necessary to carry out the search. 27 (2) Each person carrying out the search (each a searcher) must be 28 of the same gender as the person being searched. 29 Page 296

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 399] (3) Before carrying out the search, 1 of the searchers must tell the 1 person-- 2 (a) that the person will be required to remove the person's 3 clothing during the search; and 4 (b) why it is necessary to remove the clothing. 5 (4) The searcher must-- 6 (a) ensure the search is carried out in a part of a building 7 that ensures the person's privacy; and 8 (b) ensure, to the extent practicable, that the way in which 9 the person is searched causes minimal embarrassment to 10 the person; and 11 (c) take reasonable care to protect the person's dignity; and 12 (d) carry out the search as quickly as practicable; and 13 (e) allow the person to dress as soon as the search is 14 finished. 15 (5) The searcher must, if reasonably practicable, give the person 16 the opportunity to remain partly clothed during the search, 17 including, for example, by allowing the person to dress the 18 person's upper body before being required to remove clothing 19 from the lower part of the body. 20 (6) If the searcher seizes clothing because of the search, the 21 searcher must ensure the person is left with, or given, 22 reasonably appropriate clothing. 23 399 Requirements for search of possessions 24 (1) A person authorised under division 3, 4 or 5 to carry out a 25 search of a person's possessions (the searcher) may-- 26 (a) open or inspect a thing in the person's possession; and 27 (b) remove and inspect any detected thing. 28 (2) However, the searcher may exercise a power to inspect a thing 29 under subsection (1) only if the person is present or has been 30 given the opportunity to be present. 31 Page 297

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 400] (3) Subsection (2) does not apply if the person obstructs the 1 searcher in the exercise of the searcher's powers. 2 Division 7 Records of searches 3 400 Record of search must be made 4 (1) This section applies if-- 5 (a) a search requiring the removal of clothing is carried out 6 under division 3 or 4; or 7 (b) a person seizes anything found during a search under 8 this part. 9 (2) As soon as practicable after carrying out the search, the 10 person who carried out the search must make a written record 11 of the following details of the search-- 12 (a) the reasons for the search; 13 (b) the names of the persons present during the search; 14 (c) how the search was carried out; 15 (d) details of anything seized, including the reasons for 16 seizing. 17 Division 8 Seizure 18 401 Seizure of harmful or other thing 19 (1) A person authorised under this part to carry out a search (the 20 searcher) may seize anything found during the search that the 21 searcher reasonably suspects is-- 22 (a) connected with, or is evidence of, the commission or 23 intended commission of an offence against an Act; or 24 (b) for a search under division 2, 3 or 4--a harmful thing. 25 Page 298

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 401] (2) If the searcher believes a seized thing is connected with, or is 1 evidence of, the commission or intended commission of an 2 offence against an Act, the searcher must give it to an 3 authorised inspector for the Act. 4 (3) The seizure provisions of the Act mentioned in subsection (2) 5 apply to the thing as if the searcher had seized it under the 6 provisions of the Act that relate to the offence. 7 (4) If the authorised inspector is not reasonably satisfied the thing 8 is evidence of the commission or intended commission of an 9 offence against the Act, the authorised inspector must return it 10 to the searcher who must deal with it under this section. 11 (5) If the searcher believes a thing seized from a patient, or a 12 thing returned under subsection (4), is a harmful thing, the 13 searcher must-- 14 (a) keep it for the patient and give it to the patient on the 15 patient's discharge from the authorised mental health 16 service or public sector health service facility; or 17 (b) give it to someone else if the patient is able to give, and 18 has given, agreement to do so; or 19 (c) if the searcher is satisfied someone else is entitled to 20 possession of the thing--give or send it to the person; or 21 (d) if the searcher is satisfied it is of negligible 22 value--dispose of it in the way the administrator of the 23 authorised mental health service, or the person in charge 24 of the public sector health service facility, believes 25 appropriate. 26 (6) A thing seized from a visitor, and returned to the searcher 27 under subsection (4), is forfeited to the State if the searcher-- 28 (a) can not find the visitor from whom it was seized, after 29 making reasonable inquiries; or 30 (b) can not return it to the visitor, after making reasonable 31 efforts. 32 (7) In applying subsection (6)-- 33 Page 299

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 402] (a) subsection (6)(a) does not require the searcher to make 1 inquiries if it would be unreasonable in the particular 2 circumstances to make inquiries to find the visitor; and 3 (b) subsection (6)(b) does not require the searcher to make 4 efforts if it would be unreasonable in the particular 5 circumstances to make efforts to return the thing to the 6 visitor. 7 (8) Regard must be had to a thing's nature, condition and value in 8 deciding-- 9 (a) whether it is reasonable to make inquiries or efforts; and 10 (b) if making inquiries or efforts--what inquiries or efforts, 11 including the period over which they are made, are 12 reasonable. 13 (9) In this section-- 14 authorised inspector, for an Act, means a person who is 15 authorised under the Act to perform inspection and 16 enforcement functions. 17 seizure provisions, of an Act, means the provisions of the Act 18 relating to the access to, and retention, disposal and forfeiture 19 of, a thing after its seizure under the Act. 20 402 Receipt for seized thing 21 (1) A person authorised under this part to carry out a search must 22 give a receipt for a thing seized to the person from whom it 23 was seized. 24 (2) The receipt must describe generally the thing seized and its 25 condition. 26 403 Access to seized thing 27 (1) This section applies to a thing seized on a search under this 28 part. 29 Page 300

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 404] (2) Until the thing is forfeited or returned under this division, the 1 searcher must allow its owner to inspect it and, if it is a 2 document, to copy it. 3 (3) Subsection (1) does not apply if it is impracticable or would 4 be unreasonable to allow the inspection or copying. 5 Division 9 Identity cards 6 404 Approval of identity card 7 (1) The administrator of an authorised mental health service that 8 is a high security unit or approved service must approve an 9 identity card for each authorised security officer for the 10 service. 11 (2) An approved identity card for an authorised security officer 12 must-- 13 (a) contain a recent photograph of the officer; and 14 (b) identify the person as an authorised security officer. 15 (3) In this section-- 16 approved service means an authorised mental health service, 17 or part of an authorised mental health service, approved by the 18 chief psychiatrist under section 387(b) for the purpose of 19 division 4, or under section 389(b) for the purpose of division 20 5. 21 Division 10 Compensation 22 405 Compensation for damage to possessions 23 (1) A patient or visitor (the claimant) may claim from the State 24 the cost of repairing or replacing the claimant's possessions 25 damaged in the exercise or purported exercise of a power 26 under this part. 27 Page 301

Mental Health Bill 2015 Chapter 11 Authorised mental health services Part 7 Security [s 406] (2) The cost may be claimed and ordered in a proceeding-- 1 (a) brought in a court of competent jurisdiction; or 2 (b) for an offence against this Act brought against the 3 claimant. 4 (3) A court may order an amount be paid only if it is satisfied it is 5 just to make the order in the circumstances of the particular 6 case. 7 (4) A regulation may prescribe matters that may, or must, be 8 taken into account by the court when considering whether it is 9 just to make the order. 10 Division 11 Exclusion of visitors 11 406 Administrator may refuse to allow person to visit patient 12 (1) The administrator of an authorised mental health service may 13 refuse to allow a person to visit a patient of the service if the 14 administrator is satisfied the proposed visit will adversely 15 affect the patient's treatment and care. 16 Example for subsection (1)-- 17 The administrator may be satisfied a patient's treatment and care will be 18 adversely affected if, on a previous visit by a person, the patient's 19 mental state deteriorated. 20 (2) The administrator must give the person written notice of the 21 decision. 22 (3) The notice must state-- 23 (a) the reasons for the decision; and 24 (b) that the person may appeal to the tribunal against the 25 decision within 28 days after the person receives the 26 notice; and 27 (c) how the appeal is made. 28 (4) This section does not permit the administrator to refuse to 29 allow either of the following to visit a patient of the service-- 30 Page 302

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 1 Preliminary [s 407] (a) a person performing a function under an Act, including, 1 for example, a community visitor performing a function 2 under the Public Guardian Act 2014; 3 (b) a legal representative or health practitioner requested by 4 the patient to visit. 5 Chapter 12 Mental Health Review 6 Tribunal proceedings 7 Part 1 Preliminary 8 407 Purpose of ch 12 9 The purpose of this chapter is to provide for the tribunal-- 10 (a) to review the following-- 11 (i) treatment authorities; 12 (ii) forensic orders; 13 (iii) treatment support orders; 14 (iv) the fitness for trial of particular persons; 15 (v) the detention of minors in high security units; and 16 (b) to hear applications for the following-- 17 (i) examination authorities; 18 (ii) approvals of regulated treatment; 19 (iii) approvals of transfers of particular persons into 20 and out of Queensland. 21 Page 303

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 2 Review of treatment authorities [s 408] 408 Particular decisions of no effect for classified patient 1 (1) This section applies if the tribunal does any of the following 2 on a review of a treatment authority, forensic order or 3 treatment support order for a person who is a classified 4 patient-- 5 (a) changes the category of the authority or order to 6 community; 7 (b) orders limited community treatment for the person; 8 (c) approves limited community treatment for the person. 9 (2) The change, order or approval is of no effect while the person 10 is a classified patient. 11 Part 2 Review of treatment authorities 12 Division 1 Preliminary 13 409 Definitions for pt 2 14 In this part-- 15 applicant review, of a treatment authority, see section 411(2). 16 periodic review, of a treatment authority, see section 411(1). 17 review, of a treatment authority, means any of the following-- 18 (a) a periodic review of the authority; 19 (b) an applicant review of the authority; 20 (c) a tribunal review of the authority. 21 tribunal review, of a treatment authority, see section 411(3) 22 and (4). 23 Page 304

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 2 Review of treatment authorities [s 410] 410 Matters to which tribunal must have regard 1 (1) In making a decision under this part in relation to a review of 2 a treatment authority, the tribunal must have regard to the 3 relevant circumstances of the person subject to the authority. 4 Examples of decisions in relation to a review of a treatment authority-- 5 • deciding whether to confirm or revoke the authority 6 • deciding whether to confirm or change the category of the authority 7 • deciding whether the person is to receive any treatment in the 8 community 9 • deciding whether to change or remove a condition to which the 10 authority is subject or to impose a condition on the authority 11 (2) Subsection (1) does not limit any other provision of this part 12 that requires the tribunal to have regard to a stated matter. 13 Division 2 When particular reviews are 14 conducted 15 411 When reviews are conducted 16 (1) The tribunal must review (a periodic review) a treatment 17 authority-- 18 (a) within 28 days after the authority is made; and 19 (b) within 6 months after the review under paragraph (a) is 20 completed; and 21 (c) within 6 months after the review under paragraph (b) is 22 completed; and 23 (d) at intervals of not more than 12 months after the review 24 under paragraph (c) is completed. 25 (2) Also, the tribunal must review (an applicant review) a 26 treatment authority on application by-- 27 (a) the person subject to the authority; or 28 Page 305

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 2 Review of treatment authorities [s 412] (b) an interested person for the person mentioned in 1 paragraph (a); or 2 (c) the chief psychiatrist. 3 (3) Further, the tribunal may at any time, on its own initiative, 4 review (a tribunal review) a treatment authority. 5 (4) If the tribunal receives written notice under section 210(3) of 6 the amendment of a treatment authority, the tribunal must 7 review (also a tribunal review) the authority within 14 days 8 after receiving the notice. 9 (5) This section is subject to sections 412 to 414 and chapter 16, 10 part 2, division 6, subdivision 2. 11 412 When periodic review deferred 12 (1) This section applies if-- 13 (a) an applicant review or a tribunal review (each a previous 14 review) of a treatment authority has been completed-- 15 (i) within 6 months before a periodic review (the next 16 scheduled review) of the treatment authority must 17 be conducted under section 411(1)(b) or (c); or 18 (ii) within 12 months before a periodic review (also 19 the next scheduled review) of the treatment 20 authority must be conducted under section 21 411(1)(d); and 22 (b) the tribunal is satisfied there are no matters relevant to 23 the next scheduled review that were not considered by 24 the tribunal on the previous review. 25 (2) Section 411(1) is taken to require the next scheduled review of 26 the treatment authority to be conducted-- 27 (a) if the next scheduled review is to be conducted under 28 section 411(1)(b) or (c)--within 6 months after the 29 previous review was completed; or 30 Page 306

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 2 Review of treatment authorities [s 413] (b) if the next scheduled review is to be conducted under 1 section 411(1)(d)--within 12 months after the previous 2 review was completed. 3 413 When tribunal must not conduct review 4 The tribunal must not conduct a review of a treatment 5 authority if-- 6 (a) an appeal to the Mental Health Court against the 7 tribunal's decision on a review of the authority is 8 pending; and 9 (b) the court has stayed the tribunal's decision on the review 10 of the authority. 11 414 When particular tribunal review is not required 12 (1) This section applies to a tribunal review of a treatment 13 authority mentioned in section 411(4), if the tribunal receives 14 written notice under section 210(5) of the amendment of the 15 authority. 16 (2) The tribunal is not required to conduct, or complete the 17 hearing of, the review. 18 Division 3 Applications and notices of 19 hearings 20 415 Application for applicant review to state orders sought 21 (1) An application for an applicant review of a treatment authority 22 must state the orders sought by the applicant. 23 (2) An order sought must be an order mentioned in division 4. 24 Page 307

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 2 Review of treatment authorities [s 416] 416 Notice of hearing 1 (1) The tribunal must give each of the following persons written 2 notice of the hearing of a review of a treatment authority-- 3 (a) the person subject to the authority; 4 (b) for an applicant review, if the person is not the 5 applicant--the applicant; 6 (c) the administrator of the authorised mental health service 7 responsible for the person; 8 (d) if the person is a classified patient--the chief 9 psychiatrist. 10 (2) The notice must be given at least 7 days before the hearing. 11 (3) If the review is a tribunal review, the notice must state-- 12 (a) for a tribunal review mentioned in section 411(4)--that 13 the tribunal proposes to consider whether to confirm the 14 category of the treatment authority as inpatient; or 15 (b) for another tribunal review--any particular matter the 16 tribunal proposes to consider on the review. 17 Division 4 Decisions and orders 18 Subdivision 1 Decisions to be made on review 19 417 Decisions 20 (1) On a periodic review of a treatment authority, the tribunal 21 must decide to-- 22 (a) confirm the authority; or 23 (b) revoke the authority. 24 Note-- 25 See subdivision 2 for the orders the tribunal may make if it confirms the 26 authority. 27 Page 308

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 2 Review of treatment authorities [s 418] (2) On an applicant review of a treatment authority, the tribunal-- 1 (a) must decide whether to make the orders sought by the 2 applicant; and 3 (b) may make the orders under this division it considers 4 appropriate. 5 (3) On a tribunal review of a treatment authority, the tribunal-- 6 (a) must decide any particular matter stated in the notice 7 given under section 416(3); and 8 (b) may make the orders under this division it considers 9 appropriate. 10 418 Administrator to provide report 11 For a periodic review of a treatment authority under section 12 411(1)(c), if the person subject to the authority does not have 13 a personal guardian-- 14 (a) the administrator of the person's treating health service 15 must give the tribunal a report about whether the 16 appointment of a personal guardian for the person may 17 result in there being a less restrictive way for the person 18 to receive treatment and care for the person's mental 19 illness; and 20 (b) the tribunal must consider whether the appointment of a 21 personal guardian for the person may result in there 22 being a less restrictive way for the person to receive 23 treatment and care for the person's mental illness. 24 419 Requirement to revoke treatment authority 25 (1) On a review of a treatment authority, the tribunal must revoke 26 the authority if the tribunal considers-- 27 (a) the treatment criteria no longer apply to the person 28 subject to the authority; or 29 Page 309

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 2 Review of treatment authorities [s 420] (b) there is a less restrictive way for the person to receive 1 treatment and care for the person's mental illness. 2 (2) However, subsection (1) does not apply if the tribunal 3 considers the person's capacity to consent to be treated for the 4 person's mental illness is not stable. 5 Example of when a person's capacity to consent is not stable-- 6 the person gains and loses capacity to consent to be treated during a 7 short time period 8 Subdivision 2 Confirmation of treatment 9 authority--related orders 10 420 Application of sdiv 2 11 This subdivision applies if, on a review of a treatment 12 authority, the tribunal confirms the authority. 13 421 Change of category to community 14 If the category of the treatment authority is inpatient, the 15 tribunal must change the category of the authority to 16 community unless the tribunal considers that 1 or more of the 17 following can not reasonably be met if the category of the 18 authority is community-- 19 (a) the person's treatment and care needs; 20 (b) the safety and welfare of the person; 21 (c) the safety of others. 22 422 Community category--deciding whether authorised 23 doctor may reduce treatment in community 24 (1) This section applies if-- 25 (a) the category of the treatment authority is community; or 26 Page 310

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 2 Review of treatment authorities [s 423] (b) the tribunal changes the category of the treatment 1 authority to community under section 421. 2 (2) The tribunal must decide whether an authorised doctor may, at 3 a future time, reduce the extent of treatment in the community 4 received by the person. 5 423 Inpatient category--limited community treatment 6 (1) This section applies if the category of the treatment authority 7 is inpatient. 8 (2) The tribunal may approve limited community treatment, or an 9 extension of limited community treatment, for the person. 10 (3) In deciding whether to approve or extend limited community 11 treatment under subsection (2), the tribunal must have regard 12 to the purpose of limited community treatment. 13 (4) If the tribunal approves or extends limited community 14 treatment under subsection (2), the tribunal must decide 15 whether an authorised doctor may, at a future time, reduce the 16 extent of treatment in the community received by the person. 17 424 Conditions 18 (1) The tribunal may-- 19 (a) change or remove a condition to which the treatment 20 authority is subject; or 21 (b) impose a condition on the treatment authority. 22 (2) However, the tribunal may not impose a condition on the 23 treatment authority that requires the person to take a particular 24 medication or a particular dosage of a medication. 25 425 Transfer to another authorised mental health service 26 (1) The tribunal may order the person's transfer to another 27 authorised mental health service to provide treatment and care 28 for the person. 29 Page 311

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 2 Review of treatment authorities [s 426] (2) In deciding whether to order the person's transfer under 1 subsection (1), the tribunal must have regard to the 2 following-- 3 (a) the person's mental state and psychiatric history; 4 (b) the person's treatment and care needs; 5 (c) the capacity of the authorised mental health service to 6 which the person is to be transferred; 7 (d) whether the transfer would be in the best interests of the 8 person, including, for example, closer proximity to the 9 person's family, carers and other support persons. 10 426 Change of category to inpatient 11 (1) This section applies if the category of the treatment authority 12 is community. 13 (2) The tribunal may change the category of the treatment 14 authority to inpatient, but only if the tribunal considers it is 15 reasonably necessary for an authorised doctor to examine the 16 person in order to review the person's treatment and care 17 needs. 18 Note-- 19 Under section 209, the authorised doctor who examines the person may 20 change the nature or extent of the person's treatment in the community. 21 (3) If the tribunal changes the category of the treatment authority 22 under this section to inpatient, the tribunal may authorise an 23 authorised person to transport the person to an inpatient unit 24 of a stated authorised mental health service. 25 (4) For subsection (3), an authorised person may transport the 26 person to an inpatient unit of the stated authorised mental 27 health service. 28 Note-- 29 For the powers of an authorised person when detaining and transporting 30 a person, see chapter 11, part 6, division 5. 31 Page 312

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 427] 427 Other orders 1 Subject to the other provisions of this subdivision, the tribunal 2 may provide for any other matter the tribunal considers 3 appropriate. 4 Part 3 Review of forensic orders 5 (mental health) and forensic 6 orders (disability) 7 Division 1 Preliminary 8 428 Application of pt 3 9 This part applies to a forensic order (mental health) or 10 forensic order (disability). 11 429 Definitions for pt 3 12 In this part-- 13 applicant review, of a forensic order (mental health) or 14 forensic order (disability), see section 431(2). 15 periodic review, of a forensic order (mental health) or forensic 16 order (disability), see section 431(1). 17 review, of a forensic order (mental health) or forensic order 18 (disability), means-- 19 (a) an applicant review of the order; or 20 (b) a periodic review of the order; or 21 (c) a tribunal review of the order. 22 tribunal review, of a forensic order (mental health) or forensic 23 order (disability), see section 431(3) and (4). 24 Page 313

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 430] 430 Matters to which tribunal must have regard 1 (1) In making a decision under this part in relation to a review of 2 a forensic order (mental health) or forensic order (disability), 3 the tribunal must have regard to the following-- 4 (a) the relevant circumstances of the person subject to the 5 order; 6 (b) the nature of the relevant unlawful act and the period of 7 time that has passed since the act happened; 8 (c) any victim impact statement given to the tribunal under 9 section 155 or 740 relating to the relevant unlawful act; 10 (d) if the Mental Health Court made a recommendation in 11 the order about an intervention program for the 12 person--the person's willingness to participate in the 13 program if offered to the person. 14 Examples of decisions in relation to a review of a forensic order-- 15 • deciding whether to confirm or revoke the order 16 • deciding whether to confirm or change the category of the order 17 • deciding whether the person is to receive any treatment in the 18 community 19 • deciding whether to change or remove a condition to which the 20 order is subject or to impose a condition on the order 21 (2) Subsection (1) does not limit any other provision of this part 22 that requires the tribunal to have regard to a stated matter. 23 Division 2 When particular reviews are 24 conducted 25 431 When reviews are conducted 26 (1) The tribunal must review (a periodic review) the forensic 27 order-- 28 (a) within 6 months after the order is made; and 29 Page 314

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 432] (b) at intervals of not more than 6 months after the review 1 under paragraph (a) is completed. 2 (2) Also, the tribunal must review (an applicant review) the 3 forensic order on application by-- 4 (a) the person subject to the order; or 5 (b) an interested person for the person mentioned in 6 paragraph (a); or 7 (c) the Attorney-General; or 8 (d) if an authorised mental health service is responsible for 9 the person--the chief psychiatrist; or 10 (e) if the forensic disability service is responsible for the 11 person--the director of forensic disability. 12 (3) Further, the tribunal may at any time, on its own initiative, 13 review (a tribunal review) the forensic order. 14 (4) If the tribunal receives written notice under section 213(3) of 15 the amendment of the forensic order, the tribunal must review 16 (also a tribunal review) the order within 21 days after 17 receiving the notice. 18 (5) This section is subject to sections 432 to 435 and chapter 16, 19 part 2, division 6, subdivision 2. 20 432 When periodic review deferred 21 (1) This section applies if-- 22 (a) an applicant review or a tribunal review (each a previous 23 review) of the forensic order has been completed within 24 6 months before a periodic review (the next scheduled 25 review) of the order must be conducted under section 26 431(1)(a) or (b); and 27 (b) the tribunal is satisfied there are no matters relevant to 28 the next scheduled review that were not considered by 29 the tribunal on the previous review. 30 Page 315

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 433] (2) Section 431(1) is taken to require the next scheduled review of 1 the forensic order to be conducted within 6 months after the 2 previous review was completed. 3 433 Requirement to conduct periodic review suspended 4 (1) This section applies if the person who is subject to the 5 forensic order is transferred to an interstate mental health 6 service under part 10, division 2. 7 (2) While the interstate mental health service is responsible for 8 the person, the tribunal is not required to conduct a periodic 9 review of the forensic order under section 431(1). 10 434 When tribunal must not conduct review 11 The tribunal must not conduct a review of the forensic order 12 if-- 13 (a) an appeal to the Mental Health Court against the 14 tribunal's decision on a review of the order is pending; 15 and 16 (b) the court has stayed the tribunal's decision on the review 17 of the order. 18 435 When particular tribunal review is not required 19 (1) This section applies to a tribunal review of the forensic order 20 mentioned in section 431(4), if the tribunal receives written 21 notice under section 213(5) of the amendment of the order. 22 (2) The tribunal is not required to conduct, or complete the 23 hearing of, the review. 24 Page 316

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 436] Division 3 Applications and notices of 1 hearings 2 436 Application for applicant review to state orders sought 3 (1) An application for an applicant review of the forensic order 4 must state the orders sought by the applicant. 5 (2) An order sought must be an order mentioned in division 4 or 6 6. 7 (3) However, during any non-revocation period for the forensic 8 order, the application may seek an order revoking the forensic 9 order only if the revocation is sought under section 455. 10 437 Notice of hearing 11 (1) The tribunal must give each of the following persons written 12 notice of the hearing of a review of the forensic order-- 13 (a) the person subject to the order; 14 (b) for an applicant review, if the person is not the 15 applicant--the applicant; 16 (c) if an authorised mental health service is responsible for 17 the person-- 18 (i) the administrator of the service; and 19 (ii) the chief psychiatrist; 20 (d) if the forensic disability service is responsible for the 21 person-- 22 (i) the administrator of the service; and 23 (ii) the director of forensic disability; 24 (e) the Attorney-General. 25 (2) The notice must be given at least 14 days before the hearing. 26 (3) If the review is a tribunal review, the notice must state-- 27 Page 317

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 438] (a) for a tribunal review mentioned in section 431(4)--that 1 the tribunal proposes to consider whether to confirm the 2 category of the forensic order as inpatient; or 3 (b) for another tribunal review--any particular matter the 4 tribunal proposes to consider on the review. 5 Division 4 Decisions and orders 6 Subdivision 1 Decisions to be made on review 7 438 Application of div 4 8 This division is subject to division 5. 9 439 Decisions 10 (1) On a periodic review of the forensic order, the tribunal must 11 decide to-- 12 (a) confirm the order; or 13 (b) revoke the order. 14 Notes-- 15 1 See subdivision 2 for the orders the tribunal may make if it confirms 16 the order. 17 2 See subdivision 3 for the orders the tribunal may make if the order 18 is a forensic order (mental health) and the tribunal revokes the 19 order. 20 (2) On an applicant review of the forensic order, the tribunal-- 21 (a) must decide whether to make the orders sought by the 22 applicant; and 23 (b) may make the orders under this division it considers 24 appropriate. 25 Example for paragraph (b)-- 26 Page 318

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 440] If an applicant seeks an order changing the category of the 1 forensic order from inpatient to community, the tribunal may 2 decide not to change the category of the order, but may order that 3 the person have limited community treatment of a stated extent. 4 (3) On a tribunal review of the forensic order, the tribunal-- 5 (a) must decide any particular matter stated in the notice 6 given under section 437(3); and 7 (b) may make the orders under this division it considers 8 appropriate. 9 440 Requirement to confirm forensic order 10 (1) The tribunal must confirm the forensic order if the tribunal 11 considers the order is necessary, because of the person's 12 mental condition, to protect the safety of the community, 13 including from the risk of serious harm to other persons or 14 property. 15 (2) Also, during any non-revocation period for the forensic order, 16 the tribunal is taken, for section 441, to have confirmed the 17 order. 18 Note-- 19 The tribunal must not revoke the forensic order during the 20 non-revocation period for the order. See section 450. 21 (3) Subsection (2) does not apply if the forensic order is a 22 forensic order (mental health) and the tribunal decides to 23 revoke the order under section 455. 24 Subdivision 2 Confirmation of forensic 25 order--related orders 26 441 Application of sdiv 2 27 This subdivision applies if, on a review of the forensic order, 28 the tribunal confirms the order. 29 Page 319

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 442] 442 Change or confirmation of category 1 (1) The tribunal may change the category of the forensic order. 2 (2) However, the tribunal may change the category of the forensic 3 order to community, or confirm the category of the order as 4 community, only if the tribunal is satisfied there is not an 5 unacceptable risk to the safety of the community, because of 6 the person's mental condition, including the risk of serious 7 harm to other persons or property. 8 (3) This section is subject to section 443. 9 443 Inpatient category--orders about treatment in community 10 (1) This section applies if the tribunal-- 11 (a) confirms the category of the forensic order as inpatient; 12 or 13 (b) changes the category of the forensic order to inpatient. 14 (2) The tribunal must do 1 of the following-- 15 (a) order that the person have no limited community 16 treatment; 17 Note-- 18 An order made under paragraph (a) may not be amended by an 19 authorised doctor. See section 212(2). 20 (b) approve that an authorised doctor under section 212 or a 21 senior practitioner under the Forensic Disability Act, 22 section 20 may, at a future time-- 23 (i) authorise limited community treatment for the 24 person, to the extent and subject to the conditions 25 decided by the tribunal; or 26 (ii) change the category of the order to community, 27 subject to the conditions decided by the tribunal; 28 (c) order that the person have limited community 29 treatment-- 30 (i) of a stated extent; and 31 Page 320

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 444] (ii) subject to the conditions decided by the tribunal, 1 including whether, or the extent to which, an 2 authorised doctor under section 212 or a senior 3 practitioner under the Forensic Disability Act, 4 section 20 may amend the forensic order in relation 5 to treatment in the community. 6 (3) The tribunal may make an order under subsection (2)(b) or (c) 7 only if the tribunal is satisfied there is not an unacceptable risk 8 to the safety of the community, because of the person's mental 9 condition, including the risk of serious harm to other persons 10 or property. 11 (4) In deciding whether the tribunal is satisfied of the matters 12 mentioned in subsection (3), the tribunal must have regard 13 to-- 14 (a) the purpose of limited community treatment; and 15 (b) the fact that-- 16 (i) if an authorised mental health service is 17 responsible for the person--an authorised doctor 18 may increase the extent of treatment in the 19 community for the person only if satisfied of the 20 matters mentioned in section 212(3); or 21 (ii) if the forensic disability service is responsible for 22 the person--a senior practitioner under the 23 Forensic Disability Act may authorise treatment in 24 the community for the person only if satisfied of 25 the matters mentioned in the Forensic Disability 26 Act, section 20(2). 27 444 Community category--orders about treatment in 28 community 29 (1) This section applies if the tribunal-- 30 (a) confirms the category of the forensic order as 31 community; or 32 Page 321

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 445] (b) changes the category of the forensic order to 1 community. 2 (2) The tribunal must-- 3 (a) order that an authorised doctor or a senior practitioner 4 under the Forensic Disability Act must not change the 5 category of the order to inpatient; or 6 (b) approve that an authorised doctor under section 212 or a 7 senior practitioner under the Forensic Disability Act, 8 section 20 may, at a future time, change the nature or 9 extent of treatment in the community received by the 10 person, to the extent and subject to the conditions 11 decided by the tribunal. 12 Example of a change of extent of treatment in the community-- 13 changing the category of the forensic order from community to 14 inpatient, with or without limited community treatment 15 445 Conditions 16 (1) The tribunal may-- 17 (a) change or remove a condition to which the forensic 18 order is subject; or 19 (b) impose a condition on the forensic order. 20 (2) Without limiting subsection (1), the tribunal may impose a 21 condition that the person must not contact a stated person, 22 including, for example, a victim of the relevant unlawful act. 23 (3) However, the tribunal may not impose a condition on the 24 forensic order that requires the person to take a particular 25 medication or a particular dosage of a medication. 26 446 Other orders 27 Subject to the other provisions of this subdivision, the tribunal 28 may provide for any other matter the tribunal considers 29 appropriate. 30 Page 322

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 447] Subdivision 3 Revocation of forensic order 1 (mental health)--related orders 2 447 Application of sdiv 3 3 This subdivision applies if-- 4 (a) the forensic order is a forensic order (mental health); 5 and 6 (b) the tribunal decides to revoke the forensic order. 7 448 Making of treatment support order 8 (1) The tribunal must decide to make a treatment support order 9 for the person if the tribunal considers a treatment support 10 order, but not a forensic order, is necessary, because of the 11 person's mental condition, to protect the safety of the 12 community, including from the risk of serious harm to other 13 persons or property. 14 (2) For making a treatment support order under subsection (1), 15 sections 144 and 145 apply as if-- 16 (a) a reference in the sections to the Mental Health Court 17 were a reference to the tribunal; and 18 (b) a reference in the sections to the person the subject of 19 the reference were a reference to the person subject to 20 the forensic order. 21 449 Making of treatment authority or no further order 22 (1) If the tribunal considers that neither a forensic order nor a 23 treatment support order is necessary, because of the person's 24 mental condition, to protect the safety of the community, 25 including from the risk of serious harm to other persons or 26 property, the tribunal may-- 27 (a) make no further order for the person; or 28 (b) make a treatment authority for the person. 29 Page 323

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 449] (2) The tribunal may make a treatment authority for the person 1 under subsection (1)(b) only on the recommendation of an 2 authorised psychiatrist who considers, after examining the 3 person, that-- 4 (a) the treatment criteria apply to the person; and 5 (b) there is no less restrictive way for the person to receive 6 treatment and care for the person's mental illness. 7 (3) The treatment authority must state the following-- 8 (a) the category of the authority; 9 (b) the authorised mental health service responsible for the 10 person; 11 (c) the nature and extent of any limited community 12 treatment the person is to receive; 13 (d) any conditions the tribunal considers necessary for the 14 person's treatment and care, other than a condition 15 requiring the person to take a particular medication or a 16 particular dosage of a medication. 17 (4) The tribunal may decide the category of the treatment 18 authority is inpatient only if the tribunal is satisfied that 1 or 19 more of the following can not reasonably be met if the 20 category of the authority is community-- 21 (a) the person's treatment and care needs; 22 (b) the safety and welfare of the person; 23 (c) the safety of others. 24 (5) However, if the person is a classified patient, the tribunal must 25 decide the category of the authority is inpatient. 26 (6) In deciding the nature and extent of any limited community 27 treatment under subsection (3)(c), the tribunal must have 28 regard to the purpose of limited community treatment. 29 (7) If the tribunal decides the category of the treatment authority 30 is community, the tribunal must decide whether an authorised 31 Page 324

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 450] doctor may, at a future time, reduce the extent of treatment in 1 the community received by the person. 2 (8) The treatment authority is taken to be a treatment authority 3 made under section 49 by the authorised psychiatrist 4 mentioned in subsection (2). 5 (9) Sections 53 and 59 apply to the treatment authority as if a 6 reference in the sections to the authorised doctor were a 7 reference to the authorised psychiatrist mentioned in 8 subsection (2). 9 (10) As soon as practicable after the treatment authority is made, 10 the authorised psychiatrist mentioned in subsection (2) must 11 decide the nature and extent of the treatment and care to be 12 provided to the person under the authority. 13 Division 5 Restrictions on revoking or 14 amending forensic orders 15 450 Orders with non-revocation period 16 (1) The tribunal must not revoke a forensic order under division 4 17 during any non-revocation period for the order. 18 (2) Subsection (1) is subject to section 455. 19 451 Order for person temporarily unfit for trial 20 (1) This section applies to a person subject to a forensic order if-- 21 (a) a finding of unfitness has been made in relation to the 22 person; and 23 (b) the proceeding against the person in relation to which 24 the finding of unfitness was made has not been 25 discontinued under section 488 or 489. 26 (2) The tribunal must not revoke the forensic order unless a 27 treatment support order is made for the person under section 28 448. 29 Page 325

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 452] Note-- 1 If, on a review under part 6, the tribunal decides the person is fit for trial, 2 the forensic order ends on the person's appearance at the mention of the 3 proceeding for the relevant offence. See section 495(2). 4 452 Order for person charged with prescribed offence 5 (1) This section applies if a forensic order for a person was made 6 on a reference in relation to a prescribed offence allegedly 7 committed by the person. 8 (2) The tribunal must not revoke the forensic order unless-- 9 (a) the person has been examined, under an order made 10 under section 719, by an examining practitioner; and 11 (b) the tribunal has obtained and considered the examining 12 practitioner's written report on the examination. 13 (3) This section is subject to section 450. 14 453 Tribunal's order takes effect after suspension or change 15 of category ends 16 (1) This section applies if-- 17 (a) the chief psychiatrist has, under section 311, suspended 18 limited community treatment for the person or changed 19 the category of the forensic order for the person to 20 inpatient; and 21 Note-- 22 Under section 311, the suspension of limited community 23 treatment or change of category of the forensic order is for a 24 period of not more than 7 days. The person may appeal to the 25 tribunal against the chief psychiatrist's decision. See section 26 531. 27 (b) the suspension, or the change of category, is in effect 28 when the tribunal-- 29 (i) orders or approves limited community treatment 30 for the person; or 31 Page 326

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 454] (ii) orders that the category of the forensic order be 1 changed to community. 2 (2) The tribunal's order or approval takes effect when the 3 suspension, or change of category, ends. 4 Division 6 Other provisions 5 454 Transfer of responsibility for forensic patient 6 (1) On a review of a forensic order, the tribunal may order that 7 responsibility for the person subject to the order be transferred 8 to-- 9 (a) if an authorised mental health service is responsible for 10 the person--another authorised mental health service; or 11 (b) if an authorised mental health service is responsible for 12 the person and the person is subject to a forensic order 13 (disability)--another authorised mental health service or 14 the forensic disability service; or 15 (c) if the forensic disability service is responsible for the 16 person--an authorised mental health service. 17 (2) In deciding whether to make an order under subsection (1), 18 the tribunal must have regard to each of the following-- 19 (a) the person's mental state and psychiatric history; 20 (b) any intellectual disability of the person; 21 (c) the person's treatment and care needs; 22 (d) the security requirements for the person; 23 (e) if responsibility for the person is to be transferred to an 24 authorised mental health service--the capacity of the 25 authorised mental health service to which the person is 26 to be transferred; 27 (f) whether the transfer would be in the best interests of the 28 person, including, for example, closer proximity to the 29 person's family, carers and other support persons. 30 Page 327

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 3 Review of forensic orders (mental health) and forensic orders (disability) [s 455] (3) However, the tribunal may order under subsection (1) that 1 responsibility for the person be transferred to the forensic 2 disability service only if the chief executive (forensic 3 disability) certifies, in writing, that the forensic disability 4 service has-- 5 (a) the physical capacity to accommodate the person; and 6 (b) the capacity to provide care for the person under the 7 order. 8 (4) For subsection (3), section 148 applies as if-- 9 (a) a reference in the section to the Mental Health Court 10 were a reference to the tribunal; and 11 (b) a reference in the section to section 147 were a reference 12 to subsection (1). 13 455 Person with dual disability 14 (1) This section applies to a person who-- 15 (a) has a dual disability; and 16 (b) is subject to a forensic order (mental health). 17 (2) If the tribunal is satisfied the person no longer requires 18 involuntary treatment and care for the person's mental illness, 19 the tribunal must-- 20 (a) revoke the forensic order (mental health); and 21 (b) make a forensic order (disability) for the person. 22 (3) For making the forensic order (disability), section 135 and 23 chapter 5, part 4, division 2, subdivision 2 apply as if-- 24 (a) a reference in the provisions to the Mental Health Court 25 were a reference to the tribunal; and 26 (b) a reference in the provisions to the person the subject of 27 the reference were a reference to the person subject to 28 the forensic order (mental health). 29 Page 328

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 4 Review of forensic orders (Criminal Code) [s 456] (4) If there was a non-revocation period for the forensic order 1 (mental health), the forensic order (disability) is taken to have 2 the same non-revocation period. 3 (5) For subsection (4), the forensic order (disability) is taken to 4 have been made when the forensic order (mental health) was 5 made. 6 (6) The revocation of the forensic order (mental health) under this 7 section does not affect any recommendation made by the court 8 under section 136. 9 Part 4 Review of forensic orders 10 (Criminal Code) 11 456 Application of pt 4 12 This part applies to a forensic order (Criminal Code). 13 457 Tribunal to conduct hearing 14 The tribunal must, within 21 days after the tribunal is notified 15 of the making of the forensic order (Criminal Code) for a 16 person, conduct a hearing for the purpose of making a 17 forensic order (mental health) or forensic order (disability) for 18 the person. 19 458 Notice of hearing 20 (1) The tribunal must give the following persons written notice of 21 the hearing-- 22 (a) the person; 23 (b) the Attorney-General; 24 (c) the chief psychiatrist; 25 Page 329

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 4 Review of forensic orders (Criminal Code) [s 459] (d) the director of forensic disability; 1 (e) the administrator of the authorised mental health service 2 to which the person has been admitted under the 3 forensic order (Criminal Code). 4 (2) The notice must be given at least 14 days before the hearing. 5 459 Making of forensic order 6 (1) The tribunal must make a forensic order (mental health) for 7 the person unless subsection (2) applies. 8 (2) The tribunal must make a forensic order (disability) for the 9 person if the tribunal considers-- 10 (a) the person has an intellectual disability but does not 11 have a dual disability; or 12 (b) the person has a dual disability but does not require 13 involuntary treatment and care for the person's mental 14 illness. 15 (3) On the making of the forensic order under subsection (1) or 16 (2), the forensic order (Criminal Code) ends. 17 460 Application of ch 5 provisions 18 For making a forensic order (mental health) or forensic order 19 (disability) under section 459, section 135 and chapter 5, part 20 4, division 2, subdivision 2 apply as if-- 21 (a) a reference in the provisions to the Mental Health Court 22 were a reference to the tribunal; and 23 (b) a reference in the provisions to the person the subject of 24 the reference were a reference to the person subject to 25 the forensic order (Criminal Code). 26 Page 330

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 461] Part 5 Review of treatment support 1 orders 2 Division 1 Preliminary 3 461 Definitions for pt 5 4 In this part-- 5 applicant review, of a treatment support order, see section 6 463(2). 7 periodic review, of a treatment support order, see section 8 463(1). 9 review, of a treatment support order, means any of the 10 following-- 11 (a) a periodic review of the order; 12 (b) an applicant review of the order; 13 (c) a tribunal review of the order. 14 tribunal review, of a treatment support order, see section 15 463(3) and (4). 16 462 Matters to which tribunal must have regard 17 (1) In making a decision under this part in relation to a review of 18 a treatment support order, the tribunal must have regard to the 19 following-- 20 (a) the relevant circumstances of the person subject to the 21 order; 22 (b) the nature of the relevant unlawful act and the period of 23 time that has passed since the act happened; 24 (c) any victim impact statement given to the tribunal under 25 section 155 or 740 relating to the relevant unlawful act; 26 Page 331

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 463] (d) if the order was made because a forensic order (mental 1 health) for the person was revoked and the Mental 2 Health Court made a recommendation in the forensic 3 order about an intervention program for the person--the 4 person's willingness to participate in the program if 5 offered to the person. 6 Note-- 7 See section 448 for when the tribunal, on deciding to revoke a forensic 8 order (mental health) for a person, may make a treatment support order 9 for the person. 10 Examples of decisions in relation to a review of a treatment support 11 order-- 12 • deciding whether to confirm or revoke the order 13 • deciding whether to confirm or change the category of the order 14 • deciding whether the person is to receive any treatment in the 15 community 16 • deciding whether to change or remove a condition to which the 17 order is subject or to impose a condition on the order 18 (2) Subsection (1) does not limit any other provision of this part 19 that requires the tribunal to have regard to a stated matter. 20 Division 2 When particular reviews are 21 conducted 22 463 When reviews are conducted 23 (1) The tribunal must review (a periodic review) a treatment 24 support order-- 25 (a) within 6 months after the order is made; and 26 (b) at intervals of not more than 6 months after the review 27 under paragraph (a) is completed. 28 (2) Also, the tribunal must review (an applicant review) a 29 treatment support order on application by-- 30 (a) the person subject to the order; or 31 Page 332

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 464] (b) an interested person for the person mentioned in 1 paragraph (a); or 2 (c) the chief psychiatrist. 3 (3) Further, the tribunal may at any time, on its own initiative, 4 review (a tribunal review) a treatment support order. 5 (4) If the tribunal receives written notice under section 217(3) of 6 the amendment of a treatment support order, the tribunal must 7 review (also a tribunal review) the order within 14 days after 8 receiving the notice. 9 (5) This section is subject to sections 464 to 467 and chapter 16, 10 part 2, division 6, subdivision 2. 11 464 When periodic review deferred 12 (1) This section applies if-- 13 (a) an applicant review or a tribunal review (each a previous 14 review) of a treatment support order has been completed 15 within 6 months before a periodic review (the next 16 scheduled review) of the order must be conducted under 17 section 463(1)(a) or (b); and 18 (b) the tribunal is satisfied there are no matters relevant to 19 the next scheduled review that were not considered by 20 the tribunal on the previous review. 21 (2) Section 463(1) is taken to require the next scheduled review of 22 the treatment support order to be conducted within 6 months 23 after the previous review was completed. 24 465 Requirement to conduct periodic review suspended 25 (1) This section applies if a person who is subject to a treatment 26 support order is transferred to an interstate mental health 27 service under part 10, division 2. 28 (2) While the interstate mental health service is responsible for 29 the person, the tribunal is not required to conduct a periodic 30 review of the treatment support order under section 463(1). 31 Page 333

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 466] 466 When tribunal must not conduct review 1 The tribunal must not conduct a review of a treatment support 2 order if-- 3 (a) an appeal to the Mental Health Court against the 4 tribunal's decision on a review of the order is pending; 5 and 6 (b) the court has stayed the tribunal's decision on the review 7 of the order. 8 467 When particular tribunal review is not required 9 (1) This section applies to a tribunal review of a treatment support 10 order mentioned in section 463(4), if the tribunal receives 11 written notice under section 217(5) of the amendment of the 12 order. 13 (2) The tribunal is not required to conduct, or complete the 14 hearing of, the review. 15 Division 3 Applications and notices of 16 hearings 17 468 Application for applicant review to state orders sought 18 (1) An application for an applicant review of a treatment support 19 order must state the orders sought by the applicant. 20 (2) An order sought must be an order mentioned in division 4. 21 469 Notice of hearing 22 (1) The tribunal must give each of the following persons written 23 notice of the hearing of a review of a treatment support 24 order-- 25 (a) the person subject to the order; 26 Page 334

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 470] (b) for an applicant review, if the person is not the 1 applicant--the applicant; 2 (c) the administrator of the authorised mental health service 3 responsible for the person; 4 (d) the chief psychiatrist. 5 (2) The notice must be given at least 7 days before the hearing. 6 (3) If the review is a tribunal review, the notice must state-- 7 (a) for a tribunal review mentioned in section 463(4)--that 8 the tribunal proposes to consider whether to confirm the 9 category of the treatment support order as inpatient; or 10 (b) for another tribunal review--any particular matter the 11 tribunal proposes to consider on the review. 12 Division 4 Decisions and orders 13 Subdivision 1 Decisions to be made on review 14 470 Decisions 15 (1) On a periodic review of a treatment support order, the tribunal 16 must decide to-- 17 (a) confirm the order; or 18 (b) revoke the order. 19 Notes-- 20 1 See subdivision 2 for the orders the tribunal may make if it confirms 21 the order. 22 2 See subdivision 3 for the orders the tribunal may make if it revokes 23 the order. 24 (2) On an applicant review of a treatment support order, the 25 tribunal-- 26 Page 335

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 471] (a) must decide whether to make the orders sought by the 1 applicant; and 2 (b) may make the orders under this division it considers 3 appropriate. 4 (3) On a tribunal review of a treatment support order, the 5 tribunal-- 6 (a) must decide any particular matter stated in the notice 7 given under section 469(3); and 8 (b) may make the orders under this division it considers 9 appropriate. 10 471 Requirement to confirm treatment support order 11 (1) On a review of a treatment support order, the tribunal must 12 confirm the order if the tribunal considers the order is 13 necessary, because of the person's mental condition, to protect 14 the safety of the community, including from the risk of serious 15 harm to other persons or property. 16 (2) Also, the tribunal must confirm the treatment support order 17 if-- 18 (a) a finding of unfitness has been made in relation to the 19 person; and 20 (b) the person has not been found fit for trial on a review of 21 the person's fitness for trial under chapter 12, part 6; and 22 (c) the proceeding for the relevant offence has not been 23 discontinued under section 488 or 489. 24 Subdivision 2 Confirmation of treatment support 25 order--related orders 26 472 Application of sdiv 2 27 This subdivision applies if, on a review of a treatment support 28 order, the tribunal confirms the order. 29 Page 336

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 473] 473 Change of category to community 1 If the category of the treatment support order is inpatient, the 2 tribunal must change the category of the order to community 3 unless the tribunal considers that 1 or more of the following 4 can not reasonably be met if the category of the order is 5 community-- 6 (a) the person's treatment and care needs; 7 (b) the safety and welfare of the person; 8 (c) the safety of others. 9 474 Community category--deciding whether authorised 10 doctor may reduce treatment in community 11 (1) This section applies if-- 12 (a) the category of the treatment support order is 13 community; or 14 (b) the tribunal changes the category of the treatment 15 support order to community under section 473. 16 (2) The tribunal must decide whether an authorised doctor may, at 17 a future time, reduce the extent of treatment in the community 18 received by the person. 19 475 Inpatient category--limited community treatment 20 (1) This section applies if the category of the treatment support 21 order is inpatient. 22 (2) The tribunal may approve limited community treatment, or an 23 extension of limited community treatment, for the person. 24 (3) In deciding whether to approve or extend limited community 25 treatment under subsection (2), the tribunal must have regard 26 to the purpose of limited community treatment. 27 (4) If the tribunal approves or extends limited community 28 treatment under subsection (2), the tribunal must decide 29 Page 337

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 476] whether an authorised doctor may, at a future time, reduce the 1 extent of treatment in the community received by the person. 2 476 Conditions 3 (1) The tribunal may-- 4 (a) change or remove a condition to which the treatment 5 support order is subject; or 6 (b) impose a condition on the treatment support order. 7 (2) Without limiting subsection (1), the tribunal may impose a 8 condition that the person must not contact a stated person, 9 including, for example, a victim of the relevant unlawful act. 10 (3) However, the tribunal may not impose a condition on the 11 treatment support order that requires the person to take a 12 particular medication or a particular dosage of a medication. 13 477 Transfer to another authorised mental health service 14 (1) The tribunal may order the person's transfer to another 15 authorised mental health service to provide treatment and care 16 for the person. 17 (2) In deciding whether to order the person's transfer under 18 subsection (1), the tribunal must have regard to the 19 following-- 20 (a) the person's mental state and psychiatric history; 21 (b) the person's treatment and care needs; 22 (c) the security requirements for the person; 23 (d) the capacity of the authorised mental health service to 24 which the person is to be transferred; 25 (e) whether the transfer would be in the best interests of the 26 person, including, for example, closer proximity to the 27 person's family, carers and other support persons. 28 Page 338

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 478] 478 Change of category to inpatient 1 (1) This section applies if the category of the treatment support 2 order is community. 3 (2) The tribunal may change the category of the order to inpatient, 4 but only if the tribunal considers it is reasonably necessary for 5 an authorised doctor to examine the person in order to review 6 the person's treatment and care needs. 7 Note-- 8 Under section 216, the authorised doctor who examines the person may 9 change the nature or extent of the person's treatment in the community. 10 (3) If the tribunal changes the category of the treatment support 11 order under this section to inpatient, the tribunal may 12 authorise an authorised person to transport the person to an 13 inpatient unit of a stated authorised mental health service. 14 (4) For subsection (3), an authorised person may transport the 15 person to an inpatient unit of the stated authorised mental 16 health service. 17 Note-- 18 For the powers of an authorised person when detaining and transporting 19 a person, see chapter 11, part 6, division 5. 20 479 Other orders 21 Subject to the other provisions of this subdivision, the tribunal 22 may provide for any other matter the tribunal considers 23 appropriate. 24 Subdivision 3 Revocation of treatment support 25 order--related orders 26 480 Application of sdiv 3 27 This subdivision applies if the tribunal decides to revoke the 28 treatment support order. 29 Page 339

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 5 Review of treatment support orders [s 481] 481 Making of treatment authority or no further order 1 (1) The tribunal may-- 2 (a) make no further order for the person; or 3 (b) make a treatment authority for the person. 4 (2) The tribunal may make a treatment authority for the person 5 under subsection (1)(b) only on the recommendation of an 6 authorised psychiatrist who considers, after examining the 7 person, that-- 8 (a) the treatment criteria apply to the person; and 9 (b) there is no less restrictive way for the person to receive 10 treatment and care for the person's mental illness. 11 (3) The treatment authority must state the following-- 12 (a) the category of the authority; 13 (b) the authorised mental health service responsible for the 14 person; 15 (c) the nature and extent of any limited community 16 treatment the person is to receive; 17 (d) any conditions the tribunal considers necessary for the 18 person's treatment and care, other than a condition 19 requiring the person to take a particular medication or a 20 particular dosage of a medication. 21 (4) The tribunal may decide the category of the treatment 22 authority is inpatient only if the tribunal is satisfied that 1 or 23 more of the following can not reasonably be met if the 24 category of the authority is community-- 25 (a) the person's treatment and care needs; 26 (b) the safety and welfare of the person; 27 (c) the safety of others. 28 (5) In deciding the nature and extent of any limited community 29 treatment under subsection (3)(c), the tribunal must have 30 regard to the purpose of limited community treatment. 31 Page 340

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 6 Review of fitness for trial [s 482] (6) If the tribunal decides the category of the treatment authority 1 is community, the tribunal must decide whether an authorised 2 doctor may, at a future time, reduce the extent of treatment in 3 the community received by the person. 4 (7) The treatment authority is taken to be a treatment authority 5 made under section 49 by the authorised psychiatrist 6 mentioned in subsection (2). 7 (8) Sections 53 and 59 apply to the treatment authority as if a 8 reference in the sections to the authorised doctor were a 9 reference to the authorised psychiatrist mentioned in 10 subsection (2). 11 (9) As soon as practicable after the treatment authority is made, 12 the authorised psychiatrist mentioned in subsection (2) must 13 decide the nature and extent of the treatment and care to be 14 provided to the person under the authority. 15 Part 6 Review of fitness for trial 16 Division 1 Review 17 482 Application of div 1 18 This division applies to a person charged with an offence if-- 19 (a) a finding of unfitness has been made in relation to the 20 person; and 21 (b) the person has not been found fit for trial; and 22 (c) the proceeding against the person for the offence has not 23 been discontinued under this Act or otherwise. 24 Page 341

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 6 Review of fitness for trial [s 483] 483 Meaning of finding of unfitness 1 For this division, a finding of unfitness is made in relation to 2 a person if-- 3 (a) on a reference in relation to the person, the Mental 4 Health Court decides under section 118 the person is 5 unfit for trial and the unfitness for trial is not permanent; 6 or 7 Note-- 8 Under section 132, the Mental Health Court must make a 9 forensic order (mental health), forensic order (disability) or 10 treatment support order for the person. 11 (b) on the trial of the person for an indictable offence, a jury 12 makes a section 613 finding or section 645 finding in 13 relation to the person. 14 484 When reviews are conducted 15 (1) The tribunal must review the person's fitness for trial-- 16 (a) for the period of 1 year starting on the day the finding of 17 unfitness is made--at intervals of not more than 3 18 months; and 19 (b) after the period mentioned in paragraph (a) has 20 ended--at intervals of not more than 6 months after the 21 last review under paragraph (a) is completed. 22 (2) Also, the tribunal must review the person's fitness for trial on 23 application by-- 24 (a) the person; or 25 (b) an interested person for the person mentioned in 26 paragraph (a); or 27 (c) the chief psychiatrist; or 28 (d) the director of forensic disability. 29 (3) Further, the tribunal may at any time, on its own initiative, 30 review the person's fitness for trial. 31 Page 342

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 6 Review of fitness for trial [s 485] 485 Notice of hearing 1 (1) The tribunal must give each of the following persons written 2 notice of the hearing of a review of the person's fitness for 3 trial-- 4 (a) the person; 5 (b) for a review under section 484(2), if the person is not the 6 applicant--the applicant; 7 (c) if an authorised mental health service is responsible for 8 the person-- 9 (i) the administrator of the service; and 10 (ii) the chief psychiatrist; 11 (d) if the forensic disability service is responsible for the 12 person-- 13 (i) the administrator of the service; and 14 (ii) the director of forensic disability; 15 (e) the Attorney-General. 16 (2) The notice must be given at least 7 days before the hearing. 17 486 Decisions on review 18 (1) On the hearing of the review, the tribunal must consider the 19 person's mental state and decide whether the person is fit for 20 trial. 21 (2) If, on the last review conducted under section 484(1)(a), or on 22 a review conducted under section 484(1)(b), the tribunal 23 decides the person is unfit for trial, the tribunal must also 24 decide whether the person is likely to be fit for trial in a 25 reasonable time. 26 Page 343

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 6 Review of fitness for trial [s 487] Division 2 Procedures following review if 1 person unfit for trial 2 487 Application of div 2 3 This division applies if, on a review under division 1 of the 4 fitness for trial of a person charged with an offence (the 5 relevant offence), the tribunal decides the person is unfit for 6 trial. 7 488 Director of public prosecutions to decide whether 8 proceeding to be discontinued 9 The director of public prosecutions must-- 10 (a) within 28 days after receiving written notice of the 11 tribunal's decision, decide whether to discontinue the 12 proceeding against the person for the relevant offence; 13 and 14 Note-- 15 The tribunal must give the director of public prosecutions 16 written notice of the tribunal's decision. See section 753(3). 17 (b) within 7 days after making the decision under paragraph 18 (a), give the tribunal written notice of the decision. 19 489 Proceeding discontinued at end of prescribed period 20 (1) The proceeding against the person for the relevant offence is 21 discontinued at the end of the prescribed period if-- 22 (a) the director of public prosecutions has not decided 23 under section 488 to discontinue the proceeding; or 24 (b) the tribunal has not decided the person is fit for trial. 25 (2) For subsection (1), the prescribed period is-- 26 (a) for a proceeding for an offence for which the person is 27 liable to life imprisonment--7 years from the day the 28 finding of unfitness was made; or 29 Page 344

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 6 Review of fitness for trial [s 490] (b) for a proceeding for another offence--3 years from the 1 day the finding of unfitness was made. 2 (3) In calculating the prescribed period, the following periods 3 must be disregarded-- 4 (a) a period for which the person is a patient required to 5 return; 6 (b) a period for which the Forensic Disability Act, section 7 113 applies to the person. 8 490 Effect of discontinuing proceeding 9 (1) This section applies if the proceeding against the person for 10 the relevant offence is discontinued-- 11 (a) by the director of public prosecutions under section 488; 12 or 13 (b) under section 489. 14 (2) The director of public prosecutions must, within 7 days after 15 the proceeding is discontinued, give each of the following 16 persons written notice of the discontinuance of the 17 proceeding-- 18 (a) the person; 19 (b) the registrar of the court in which the proceeding for the 20 relevant offence was being conducted; 21 (c) if the director of public prosecutions was not the 22 prosecuting authority for the relevant offence--the 23 prosecuting authority for the relevant offence; 24 (d) the tribunal; 25 (e) if an authorised mental health service is responsible for 26 the person--the chief psychiatrist; 27 (f) if the forensic disability service is responsible for the 28 person--the director of forensic disability; 29 (g) the Attorney-General. 30 Page 345

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 6 Review of fitness for trial [s 491] (3) The person can not be prosecuted again for the relevant 1 offence. 2 (4) Despite the discontinuance of the proceeding, the forensic 3 order or treatment support order to which the person is subject 4 continues in force. 5 Note-- 6 If the proceeding against the person for the offence is discontinued other 7 than under section 488 or 489, the order to which the person is subject 8 ends. See section 154. 9 491 Proceeding may be discontinued at other time 10 Nothing in this division prevents the proceeding against the 11 person for the relevant offence being discontinued at any time, 12 other than under section 488 or 489. 13 Division 3 Procedures following review if 14 person fit for trial 15 492 Application of div 3 16 This division applies if, on a review under division 1 of the 17 fitness for trial of a person charged with an offence (the 18 relevant offence), the tribunal decides the person is fit for 19 trial. 20 493 Definitions for div 3 21 In this division-- 22 relevant court means the court in which the proceeding for 23 the relevant offence has been brought. 24 relevant offence see section 492. 25 Page 346

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 6 Review of fitness for trial [s 494] 494 Director of public prosecutions to give notice of fitness 1 for trial 2 The director of public prosecutions must, within 7 days after 3 receiving written notice of the tribunal's decision, give written 4 notice of the tribunal's decision to-- 5 (a) the registrar of the relevant court; and 6 (b) if the director of public prosecutions is not the 7 prosecuting authority for the relevant offence--the 8 prosecuting authority for the relevant offence. 9 Note-- 10 The tribunal must give the director of public prosecutions 11 written notice of the tribunal's decision. See section 753(3). 12 495 Listing proceeding for mention 13 (1) The registrar of the relevant court must arrange for the 14 proceeding for the relevant offence to be listed for mention-- 15 (a) within 7 days after being notified of the tribunal's 16 decision; or 17 (b) if the court can not be constituted within the period 18 mentioned in paragraph (a)--at the earliest opportunity 19 after the end of that period. 20 (2) On the person's appearance at the mention of the proceeding, 21 the forensic order or treatment support order to which the 22 person is subject ends. 23 (3) An authorised person may transport the person from the 24 authorised mental health service in which the person is being 25 detained to the relevant court for the person's appearance at 26 the mention of the proceeding. 27 Note-- 28 For the powers of an authorised person when detaining and transporting 29 a person, see chapter 11, part 6, division 5. 30 (4) However, subsection (3) does not prevent the person 31 appearing at the mention of the proceeding by remote 32 Page 347

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 7 Review of detention of minors in high security units [s 496] conferencing while remaining at the authorised mental health 1 service. 2 (5) The person may be detained at the authorised mental health 3 service until-- 4 (a) the person leaves the service to appear at the mention of 5 the proceeding; or 6 (b) if the person appears at the mention of the proceeding 7 by remote conferencing while remaining at the 8 service--the person is taken into custody. 9 (6) In this section-- 10 mention includes review. 11 Part 7 Review of detention of minors 12 in high security units 13 496 Application of pt 7 14 This part applies if the chief psychiatrist approves-- 15 (a) under section 70, that the administrator of a high 16 security unit may give consent for a minor to be 17 transported to the high security unit for assessment, 18 treatment and care; or 19 (b) under section 349, the transfer of responsibility for a 20 minor to a high security unit. 21 Note-- 22 The administrator of the high security unit must give the tribunal written 23 notice of the minor's admission, or transfer, to the high security unit. 24 See sections 77 and 356. 25 Page 348

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 7 Review of detention of minors in high security units [s 497] 497 When reviews are conducted 1 (1) The tribunal must review the minor's detention in the high 2 security unit-- 3 (a) within 7 days after the tribunal is notified of the chief 4 psychiatrist's approval; and 5 (b) at intervals of not more than 3 months after the review 6 under paragraph (a) is completed. 7 (2) Also, the tribunal must review the minor's detention in the 8 high security unit on application by-- 9 (a) the minor; or 10 (b) an interested person for the minor. 11 (3) Further, the tribunal may at any time, on its own initiative, 12 review the minor's detention in the high security unit. 13 498 Notice of hearing 14 (1) The tribunal must give each of the following persons written 15 notice of the hearing of a review of the minor's detention in 16 the high security unit-- 17 (a) the minor; 18 (b) for a review under section 497(2), if the minor is not the 19 applicant--the applicant; 20 (c) the administrator of the high security unit; 21 (d) the chief psychiatrist. 22 Note-- 23 See section 285(5) for when the notice may be given to the minor's 24 parent as well as, or instead of, the minor. 25 (2) The notice must be given at least 7 days before the hearing. 26 (3) However, subsection (2) does not apply for the first review of 27 the minor's detention. 28 Page 349

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 8 Applications for examination authorities [s 499] 499 Decision on review 1 (1) On a review of the minor's detention in the high security unit, 2 the tribunal must decide whether-- 3 (a) the minor should continue to be detained in the high 4 security unit; or 5 (b) responsibility for the minor should be transferred from 6 the high security unit to an authorised mental health 7 service that is not a high security unit. 8 (2) In deciding the review, the tribunal must have regard to the 9 following-- 10 (a) the minor's mental state and psychiatric history; 11 (b) the minor's treatment and care needs; 12 (c) the minor's security requirements. 13 Part 8 Applications for examination 14 authorities 15 500 Application for examination authority 16 (1) The following persons may apply to the tribunal for an 17 authority (an examination authority) for another person-- 18 (a) the administrator of an authorised mental health service; 19 (b) a person authorised in writing by the administrator of an 20 authorised mental health service to make an application 21 under this section; 22 (c) a person who has received advice, from a doctor or 23 authorised mental health practitioner, about the clinical 24 matters for the person who is the subject of the 25 application. 26 Page 350

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 8 Applications for examination authorities [s 501] Note-- 1 See section 32 for the powers of a doctor or authorised mental health 2 practitioner under an examination authority. 3 (2) The approved form for the application must include a 4 statement by a doctor or authorised mental health practitioner 5 about whether the behaviour of the person, or other relevant 6 factors, could reasonably be considered to satisfy the 7 requirements under section 502(2) for making an examination 8 authority for the person. 9 Note-- 10 The application must be made in the approved form. See section 723. 11 (3) In this section-- 12 clinical matters, for a person, means-- 13 (a) general information about the treatment criteria, their 14 application to the person, and whether there is a less 15 restrictive way for the person to receive treatment and 16 care for the person's mental illness; and 17 (b) whether the behaviour of the person, or other relevant 18 factors, could reasonably be considered to satisfy the 19 requirements under section 502(2) for making an 20 examination authority for the person; and 21 (c) options for the treatment and care of the person; and 22 (d) how the person might be encouraged to seek voluntary 23 treatment and care. 24 501 Notice of hearing 25 (1) The tribunal must give the applicant written notice of the 26 hearing of the application. 27 (2) The notice must be given-- 28 (a) at least 3 days before the hearing; or 29 (b) if the applicant agrees to a shorter period before the 30 hearing--at least the agreed period before the hearing. 31 Page 351

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 8 Applications for examination authorities [s 502] 502 Decision on application 1 (1) In deciding the application, the tribunal must issue, or refuse 2 to issue, an examination authority for the person. 3 (2) However, the tribunal may issue an examination authority for 4 the person only if the tribunal considers-- 5 (a) the person has, or may have, a mental illness; and 6 (b) the person does not, or may not, have capacity to 7 consent to be treated for the mental illness; and 8 (c) either-- 9 (i) reasonable attempts have been made to encourage 10 the person to be treated voluntarily for the person's 11 mental illness; or 12 (ii) it is not practicable to attempt to encourage the 13 person to be treated voluntarily for the person's 14 mental illness; and 15 (d) there is, or may be, an imminent risk, because of the 16 person's mental illness, of-- 17 (i) serious harm to the person or someone else; or 18 (ii) the person suffering serious mental or physical 19 deterioration. 20 (3) An examination authority must-- 21 (a) be in the approved form; and 22 (b) state the authorised mental health service responsible 23 for the examination of the person under the authority. 24 503 Duration of examination authority 25 An examination authority is in force for 7 days after the day it 26 is issued. 27 Page 352

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 9 Applications for approval of regulated treatment [s 504] 504 Copy of examination authority to be given to 1 administrator of authorised mental health service 2 The tribunal must give a copy of an examination authority to 3 the administrator of the authorised mental health service 4 stated in the authority. 5 Part 9 Applications for approval of 6 regulated treatment 7 Division 1 Electroconvulsive therapy 8 505 Who may apply 9 A doctor may apply to the tribunal for approval to perform 10 electroconvulsive therapy on another person if the doctor is 11 satisfied-- 12 (a) the person is an adult and is unable to give informed 13 consent to the therapy; or 14 (b) the person is a minor. 15 506 Notice of hearing 16 (1) The tribunal must give the following persons written notice of 17 the hearing of the application-- 18 (a) the person the subject of the application; 19 (b) the applicant; 20 (c) the administrator of the authorised mental health service 21 identified in the application as the service in which the 22 electroconvulsive therapy is to be performed. 23 (2) The notice must be given-- 24 Page 353

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 9 Applications for approval of regulated treatment [s 507] (a) if a certificate under section 236(3) is in force for the 1 person-- 2 (i) at least 3 days before the hearing; or 3 (ii) if the person, or an interested person for the person, 4 agrees to a shorter period before the hearing--at 5 least the agreed period before the hearing; or 6 (b) otherwise-- 7 (i) at least 7 days before the hearing; or 8 (ii) if the person, or an interested person for the person, 9 agrees to a shorter period before the hearing--at 10 least the agreed period before the hearing. 11 507 Decision on application 12 (1) In deciding the application, the tribunal must give, or refuse to 13 give, approval for electroconvulsive therapy to be performed 14 on the person. 15 (2) In deciding whether to give, or refuse to give, the approval, 16 the tribunal must have regard to-- 17 (a) if the application relates to an adult who is unable to 18 give informed consent to the therapy--any views, 19 wishes and preferences the adult has expressed about the 20 therapy in an advance health directive; or 21 (b) if the application relates to a minor-- 22 (i) the views of the minor's parents; and 23 (ii) the views, wishes and preferences of the minor. 24 (3) The tribunal may give the approval only if the tribunal is 25 satisfied-- 26 (a) the performance of the therapy on the person is in the 27 person's best interests; and 28 (b) evidence supports the effectiveness of the therapy for 29 the person's particular mental illness; and 30 Page 354

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 9 Applications for approval of regulated treatment [s 508] (c) if the therapy has previously been performed on the 1 person--of the effectiveness of the therapy for the 2 person; and 3 (d) if the person is a minor--evidence supports the 4 effectiveness of the therapy for persons of the minor's 5 age. 6 (4) If the tribunal gives the approval, the approval-- 7 (a) must state the number of treatments that may be 8 performed in a stated period under the approval; and 9 (b) may be made subject to the conditions the tribunal 10 considers appropriate. 11 Division 2 Non-ablative neurosurgical 12 procedures 13 508 Who may apply 14 (1) A doctor may apply to the tribunal for approval to perform a 15 non-ablative neurosurgical procedure on another person if the 16 doctor is satisfied the person has given informed consent to 17 the treatment under chapter 7, part 9. 18 (2) The application must be accompanied by a copy of the 19 person's consent. 20 509 Notice of hearing 21 (1) The tribunal must give the following persons written notice of 22 the hearing of the application-- 23 (a) the person the subject of the application; 24 (b) the applicant; 25 (c) the administrator of the authorised mental health service 26 identified in the application as the service in which the 27 non-ablative neurosurgical procedure is to be 28 performed. 29 Page 355

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 9 Applications for approval of regulated treatment [s 510] (2) The notice must be given at least 7 days before the hearing. 1 510 Decision on application 2 (1) In deciding the application, the tribunal must give, or refuse to 3 give, approval for the non-ablative neurosurgical procedure to 4 be performed on the person. 5 (2) The tribunal may give the approval only if the tribunal is 6 satisfied-- 7 (a) the applicant has given the person the explanation 8 required under section 233; and 9 (b) the person has given informed consent to the procedure 10 under chapter 7, part 9; and 11 (c) the procedure has clinical merit and is appropriate in the 12 circumstances; and 13 (d) alternatives to the procedure that could reasonably be 14 expected to produce a sufficient and lasting benefit for 15 the person have previously been provided to the person 16 without a sufficient and lasting benefit; and 17 (e) the procedure is to be performed by an appropriately 18 qualified person. 19 (3) The tribunal may give the approval subject to the conditions 20 the tribunal considers appropriate. 21 Page 356

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 10 Applications for approval to transfer particular persons into and out of Queensland [s 511] Part 10 Applications for approval to 1 transfer particular persons into 2 and out of Queensland 3 Division 1 Transfers into Queensland 4 511 Definitions for div 1 5 In this division-- 6 interstate forensic order means an order made under a 7 corresponding law of another State, however described, that 8 provides for similar matters to a forensic order (mental health) 9 or forensic order (disability). 10 interstate transfer requirements, for a person subject to an 11 interstate forensic order, means the requirements, under the 12 corresponding law of the State in which the order was made, 13 for the person's transfer to another State. 14 512 Who may apply 15 A person subject to an interstate forensic order, or an 16 interested person for the person, may apply to the tribunal for 17 approval of the transfer of the person from an interstate 18 mental health service to-- 19 (a) a stated authorised mental health service; or 20 (b) the forensic disability service. 21 513 Requirements for application 22 (1) The application must-- 23 (a) state the reasons why the transfer would be in the best 24 interests of the person, including, for example, closer 25 proximity to the person's family, carers and other 26 support persons; and 27 Page 357

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 10 Applications for approval to transfer particular persons into and out of Queensland [s 514] (b) state-- 1 (i) the authorised mental health service proposed to be 2 responsible for the person; or 3 (ii) that the forensic disability service is proposed to be 4 responsible for the person; and 5 (c) include a written statement from the relevant person that 6 the relevant person considers the interstate transfer 7 requirements for the person may be satisfied. 8 (2) In this section-- 9 relevant person means-- 10 (a) if an authorised mental health service is proposed to be 11 responsible for the person--the chief psychiatrist; or 12 (b) if the forensic disability service is proposed to be 13 responsible for the person--the director of forensic 14 disability. 15 514 Notice of hearing 16 (1) The tribunal must give each of the following persons written 17 notice of the hearing of the application-- 18 (a) the person; 19 (b) if the person is not the applicant--the applicant; 20 (c) if an authorised mental health service is stated in the 21 application-- 22 (i) the administrator of the service; and 23 (ii) the chief psychiatrist; 24 (d) if the forensic disability service is stated in the 25 application-- 26 (i) the administrator of the service; and 27 (ii) the director of forensic disability; 28 (e) the Attorney-General. 29 Page 358

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 10 Applications for approval to transfer particular persons into and out of Queensland [s 515] (2) The notice must be given at least 14 days before the hearing. 1 515 Decision on application 2 (1) In deciding the application, the tribunal must approve, or 3 refuse to approve, the transfer. 4 (2) The tribunal may approve the transfer only if satisfied-- 5 (a) the transfer is in the best interests of the person, 6 including, for example, closer proximity to the person's 7 family, carers and other support persons; and 8 (b) either-- 9 (i) if an authorised mental health service is stated in 10 the application--appropriate treatment and care is 11 available for the person at the service; or 12 (ii) if the forensic disability service is stated in the 13 application--appropriate care is available for the 14 person at the forensic disability service; and 15 (c) a forensic order (mental health) or forensic order 16 (disability) is necessary, because of the person's mental 17 condition, to protect the safety of the community, 18 including from the risk of serious harm to other persons 19 or property. 20 (3) The tribunal may give the approval subject to the conditions 21 the tribunal considers appropriate. 22 516 Making of forensic order 23 (1) If the tribunal approves the transfer under section 515, the 24 tribunal must make a forensic order (mental health) for the 25 person unless subsection (2) applies. 26 (2) The tribunal must make a forensic order (disability) for the 27 person if the tribunal considers-- 28 (a) the person has an intellectual disability but does not 29 have a dual disability; or 30 Page 359

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 10 Applications for approval to transfer particular persons into and out of Queensland [s 517] (b) the person has a dual disability but does not require 1 involuntary treatment and care for the person's mental 2 illness. 3 (3) The forensic order (mental health) or forensic order 4 (disability) takes effect when the person arrives in 5 Queensland. 6 (4) For making a forensic order (mental health) or forensic order 7 (disability) under this division, section 135 and chapter 5, part 8 4, division 2, subdivision 2 apply as if-- 9 (a) a reference in the provisions to the Mental Health Court 10 were a reference to the tribunal; and 11 (b) a reference in the provisions to the person the subject of 12 the reference were a reference to the person subject to 13 the interstate forensic order. 14 517 When approval takes effect 15 An approval of a transfer under this division takes effect when 16 the interstate transfer requirements for the person have been 17 satisfied. 18 518 Transport of person 19 (1) This section applies if-- 20 (a) the tribunal has approved the transfer of a person under 21 this division; and 22 (b) the interstate transfer requirements for the person have 23 been satisfied. 24 (2) As soon as practicable after the interstate transfer 25 requirements have been satisfied, the administrator of the 26 authorised mental health service, or of the forensic disability 27 service, must arrange for the person to be transported to the 28 service by 1 of the following persons (each a transport 29 officer)-- 30 (a) an authorised person; 31 Page 360

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 10 Applications for approval to transfer particular persons into and out of Queensland [s 519] Note-- 1 For the powers of an authorised person when detaining and 2 transporting a person, see chapter 11, part 6, division 5. 3 (b) if the person is to be transported to the forensic 4 disability service--an authorised practitioner under the 5 Forensic Disability Act; 6 (c) a person who is authorised under a corresponding law to 7 transport the person from the interstate mental health 8 service to the authorised mental health service or the 9 forensic disability service. 10 (3) A transport officer may transport the person to the authorised 11 mental health service or the forensic disability service under 12 the tribunal's approval. 13 Division 2 Transfers out of Queensland 14 519 Definition for div 2 15 In this division-- 16 interstate transfer requirements, for a person subject to a 17 forensic order (mental health), forensic order (disability) or 18 treatment support order, means the requirements, under the 19 corresponding law of another State, for the person's transfer to 20 the other State. 21 520 Who may apply 22 (1) A person subject to a forensic order (mental health), forensic 23 order (disability) or treatment support order, or an interested 24 person for the person, may apply to the tribunal for approval 25 of the transfer of the person from an authorised mental health 26 service or the forensic disability service to a stated interstate 27 mental health service. 28 (2) However, this section does not apply to-- 29 (a) a person who is a classified patient; or 30 Page 361

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 10 Applications for approval to transfer particular persons into and out of Queensland [s 521] (b) a person whom the Mental Health Court has decided is 1 unfit for trial and the unfitness for trial is not permanent. 2 521 Requirements for application 3 (1) The application must-- 4 (a) state the reasons why the transfer would be in the best 5 interests of the person, including, for example, closer 6 proximity to the person's family, carers and other 7 support persons; and 8 (b) include a written statement from the relevant person that 9 the relevant person considers the interstate transfer 10 requirements for the person may be satisfied. 11 (2) In this section-- 12 relevant person means-- 13 (a) if an authorised mental health service is responsible for 14 the person--the chief psychiatrist; or 15 (b) if the forensic disability service is responsible for the 16 person--the director of forensic disability. 17 522 Notice of hearing 18 (1) The tribunal must give each of the following persons written 19 notice of the hearing of the application-- 20 (a) the person; 21 (b) if the person is not the applicant--the applicant; 22 (c) if an authorised mental health service is responsible for 23 the person-- 24 (i) the administrator of the service; and 25 (ii) the chief psychiatrist; 26 (d) if the forensic disability service is responsible for the 27 person-- 28 (i) the administrator of the service; and 29 Page 362

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 10 Applications for approval to transfer particular persons into and out of Queensland [s 523] (ii) the director of forensic disability; 1 (e) the Attorney-General. 2 (2) The notice must be given at least 14 days before the hearing. 3 523 Decision on application 4 (1) In deciding the application, the tribunal must approve, or 5 refuse to approve, the transfer. 6 (2) The tribunal may approve the transfer only if satisfied-- 7 (a) the transfer is in the best interests of the person, 8 including, for example, closer proximity to the person's 9 family, carers and other support persons; and 10 (b) appropriate treatment and care is available for the 11 person at the interstate mental health service; and 12 (c) the arrangements are adequate to protect the safety of 13 the community. 14 (3) The tribunal may give the approval subject to the conditions 15 the tribunal considers appropriate. 16 524 When approval takes effect 17 An approval of a transfer under this division takes effect when 18 the interstate transfer requirements for the person have been 19 satisfied. 20 525 Transport of person 21 (1) This section applies if-- 22 (a) the tribunal has approved the transfer of a person under 23 this division; and 24 (b) the interstate transfer requirements for the person have 25 been satisfied. 26 (2) As soon as practicable after the interstate transfer 27 requirements have been satisfied, the administrator of the 28 Page 363

Mental Health Bill 2015 Chapter 12 Mental Health Review Tribunal proceedings Part 10 Applications for approval to transfer particular persons into and out of Queensland [s 526] authorised mental health service, or of the forensic disability 1 service, must arrange for the person to be transported to the 2 interstate mental health service by 1 of the following persons 3 (each a transport officer)-- 4 (a) an authorised person; 5 Note-- 6 For the powers of an authorised person when detaining and 7 transporting a person, see chapter 11, part 6, division 5. 8 (b) if the person is to be transported from the forensic 9 disability service--an authorised practitioner under the 10 Forensic Disability Act; 11 (c) a person who is authorised under a corresponding law to 12 transport the person from the authorised mental health 13 service or the forensic disability service to the interstate 14 mental health service. 15 (3) A transport officer may transport the person to the interstate 16 mental health service under the tribunal's approval. 17 526 Effect on order 18 (1) This section applies to a forensic order (mental health), 19 forensic order (disability) or treatment support order to which 20 a person is subject when the person is transferred to an 21 interstate mental health service under this division. 22 (2) The order has effect only if the person returns to Queensland 23 and while the person is in Queensland. 24 (3) Also, the order ends-- 25 (a) on the last day of any non-revocation period for the 26 order if, on that day, the person has been out of 27 Queensland for a continuous period of 3 years; or 28 (b) if paragraph (a) does not apply--if the person is out of 29 Queensland for a continuous period of 3 years. 30 (4) In this section-- 31 Page 364

Mental Health Bill 2015 Chapter 13 Appeals Part 1 Preliminary [s 527] out of Queensland, in relation to a person, means out of 1 Queensland because of the person's transfer under this 2 division to an interstate mental health service. 3 Part 11 Miscellaneous 4 527 Relationship with ch 16, pt 2 5 To the extent of any inconsistency with chapter 16, part 2, this 6 chapter prevails. 7 528 Use of victim impact statement by tribunal 8 (1) This section applies if the tribunal is required to have regard to 9 a victim impact statement in deciding a matter under this 10 chapter. 11 (2) The tribunal may place the weight on the victim impact 12 statement that it considers appropriate. 13 Chapter 13 Appeals 14 Part 1 Preliminary 15 529 Purpose of ch 13 16 This chapter provides for the following-- 17 (a) appeals to the tribunal; 18 (b) appeals to the Mental Health Court against a decision of 19 the tribunal; 20 Page 365

Mental Health Bill 2015 Chapter 13 Appeals Part 2 Appeals to tribunal [s 530] (c) appeals to the Court of Appeal against a decision of the 1 Mental Health Court. 2 Part 2 Appeals to tribunal 3 530 Definitions for pt 2 4 In this part-- 5 decision notice means a notice about a decision given under 6 section 312(4), 313(3), 317(7), 319(7), 320(3), 321(4) or 7 406(3). 8 Note-- 9 A decision to which a notice under section 317(7), 319(7), 320(3) or 10 321(4) relates may be made in relation to a forensic disability client. See 11 section 325. 12 party, to an appeal, means-- 13 (a) for an appeal against a decision of the administrator of 14 an authorised mental health service--the appellant or 15 the administrator; or 16 (b) for an appeal against a decision of the chief 17 psychiatrist--the appellant or the chief psychiatrist; or 18 (c) for an appeal against a decision of the director of 19 forensic disability--the appellant or the director. 20 531 Appeal to tribunal 21 A person who has been given, or is entitled to be given, a 22 decision notice may appeal to the tribunal against the decision 23 to which the notice relates. 24 532 How to start appeal 25 (1) The appeal is started by giving the tribunal a notice of appeal. 26 Page 366

Mental Health Bill 2015 Chapter 13 Appeals Part 2 Appeals to tribunal [s 533] (2) The notice of appeal must be given within 28 days after-- 1 (a) the day the person is given the decision notice; or 2 (b) if the person is not given a decision notice--the day the 3 person otherwise becomes aware of the decision. 4 (3) The tribunal may, at any time, extend the time for giving the 5 notice of appeal. 6 (4) The notice of appeal must-- 7 (a) be in the approved form; and 8 (b) state fully the grounds of the appeal and the facts relied 9 on. 10 533 Notice of appeal and hearing 11 (1) The tribunal must give the parties to the appeal written notice 12 of the hearing of the appeal. 13 (2) The notice must be given-- 14 (a) for an appeal against a decision for which a decision 15 notice must be given under section 312(4) or 313(3)-- 16 (i) at least 3 days before the hearing; or 17 (ii) if the appellant agrees to a shorter period before the 18 hearing--at least the agreed period before the 19 hearing; or 20 (b) for an appeal against another decision--at least 7 days 21 before the hearing. 22 (3) The notice must state the following-- 23 (a) the time and place of the hearing of the appeal; 24 (b) the nature of the hearing; 25 (c) the parties' rights to be represented at the hearing. 26 Page 367

Mental Health Bill 2015 Chapter 13 Appeals Part 2 Appeals to tribunal [s 534] 534 Stay of decision pending appeal 1 (1) The tribunal may stay the decision appealed against to secure 2 the effectiveness of the appeal. 3 (2) A stay-- 4 (a) may be given on the reasonable conditions the tribunal 5 considers appropriate; and 6 (b) operates for the period fixed by the tribunal; and 7 (c) may be amended or revoked by the tribunal. 8 (3) The period of a stay must not extend past the time when the 9 appeal is decided. 10 (4) A notice of appeal affects the decision the subject of the 11 notice, or the carrying out of the decision, only if the decision 12 is stayed. 13 535 Appeal powers 14 (1) The procedure for the appeal is in accordance with the 15 tribunal rules or, if the rules make no provision or insufficient 16 provision, as directed by the tribunal. 17 (2) The appeal is by way of rehearing. 18 (3) In deciding the appeal, the tribunal may-- 19 (a) confirm the decision appealed against; or 20 (b) set aside the decision appealed against and substitute 21 another decision; or 22 (c) set aside the decision appealed against and return the 23 matter to the person who made the decision with the 24 directions the tribunal considers appropriate. 25 (4) If the tribunal substitutes another decision, the substituted 26 decision is for this Act, other than this chapter, taken to be the 27 decision of the person who made the decision appealed 28 against. 29 Page 368

Mental Health Bill 2015 Chapter 13 Appeals Part 3 Appeals to Mental Health Court [s 536] Part 3 Appeals to Mental Health Court 1 Division 1 Preliminary 2 536 Definition for pt 3 3 In this part-- 4 party, to an appeal against a decision, means a person who is a 5 party to the appeal under section 538. 6 Division 2 Making and hearing appeals 7 537 Who may appeal 8 A person mentioned in schedule 2, column 2 may appeal to 9 the Mental Health Court against a decision of the tribunal 10 mentioned opposite the person in schedule 2, column 1. 11 538 Parties to appeal 12 (1) Each person entitled to appeal against the decision is a party 13 to the appeal. 14 (2) However, if the person is entitled to appeal against the 15 decision only because the person is an interested person for a 16 person who is the subject of the decision, the person is not a 17 party to the appeal. 18 (3) If subsection (2) applies, the person who is the subject of the 19 decision is taken to be a party to the appeal. 20 (4) Also, unless the chief psychiatrist is the appellant, the chief 21 psychiatrist is a party to the appeal only if the chief 22 psychiatrist elects to be a party to the appeal. 23 (5) Further, unless the director of forensic disability is the 24 appellant, the director of forensic disability is a party to the 25 Page 369

Mental Health Bill 2015 Chapter 13 Appeals Part 3 Appeals to Mental Health Court [s 539] appeal only if the director of forensic disability elects to be a 1 party to the appeal. 2 539 How to start appeal 3 (1) The appeal is started by filing a notice of appeal in the 4 registry. 5 (2) The notice of appeal must be filed-- 6 (a) if the chief psychiatrist is the appellant--within 60 days 7 after the decision is made; or 8 (b) if paragraph (a) does not apply--within 60 days after 9 the appellant receives written notice of the decision. 10 (3) The Mental Health Court may, at any time, extend the time for 11 filing the notice of appeal. 12 (4) The notice of appeal must-- 13 (a) be in the approved form; and 14 (b) state fully the grounds of the appeal and the facts relied 15 on. 16 540 Frivolous or vexatious appeal 17 (1) The Mental Health Court may dismiss the appeal if the court 18 is satisfied the appeal is frivolous or vexatious. 19 (2) The court may dismiss an appeal under this section without a 20 hearing. 21 541 Notice of appeal and hearing 22 (1) Within 7 days after the notice of appeal is filed, the registrar 23 must give written notice of the appeal to each other person 24 entitled to appeal against the decision, other than an interested 25 person for the person the subject of the decision. 26 (2) The registrar must also give at least 7 days written notice of 27 the hearing of the appeal to-- 28 Page 370

Mental Health Bill 2015 Chapter 13 Appeals Part 3 Appeals to Mental Health Court [s 542] (a) the parties to the appeal; and 1 (b) if an authorised mental health service is responsible for 2 the person the subject of the appeal--the administrator 3 of the service; and 4 (c) if the forensic disability service is responsible for the 5 person the subject of the appeal--the administrator of 6 the service. 7 (3) The notice of the hearing of the appeal must state the 8 following-- 9 (a) the time and place of the hearing of the appeal; 10 (b) the nature of the hearing; 11 (c) the parties' rights to be represented at the hearing. 12 542 Stay of decision pending appeal 13 (1) The Mental Health Court may stay the decision appealed 14 against to secure the effectiveness of the appeal. 15 (2) A stay-- 16 (a) may be given on the conditions the court considers 17 appropriate; and 18 (b) operates for the period fixed by the court; and 19 (c) may be amended or revoked by the court. 20 (3) The period of a stay must not extend past the time when the 21 appeal is decided. 22 (4) The court may order that the person the subject of the appeal 23 be detained in a stated authorised mental health service for the 24 period of the stay. 25 Note-- 26 An order made under subsection (4) is a type of judicial order. A judicial 27 order does not authorise the provision of involuntary treatment and care 28 to the person. 29 Page 371

Mental Health Bill 2015 Chapter 13 Appeals Part 3 Appeals to Mental Health Court [s 543] (5) For subsection (4), an authorised person may transport the 1 person to an inpatient unit of the authorised mental health 2 service stated in the order. 3 Note-- 4 For the powers of an authorised person when detaining and transporting 5 a person, see chapter 11, part 6, division 5. 6 (6) The administrator of the authorised mental health service 7 stated in the order may detain the person in the service under 8 the order. 9 543 Notice of stay of decision on review of person's fitness 10 for trial 11 (1) This section applies if-- 12 (a) the decision appealed against is a decision of the 13 tribunal on a review of a person's fitness for trial; and 14 (b) under section 542, the Mental Health Court stays the 15 decision. 16 (2) The registrar must give the chief executive (justice) written 17 notice of the stay of the decision. 18 (3) As soon as practicable after receiving a notice under 19 subsection (2), the chief executive (justice) must give a copy 20 of the notice to-- 21 (a) the registrar of the court in which the proceeding for the 22 offence in relation to the review of the fitness for trial of 23 the person is to be heard; and 24 (b) the prosecuting authority for the offence; and 25 (c) if the person the subject of the decision is a child within 26 the meaning of the Youth Justice Act 1992--the chief 27 executive (youth justice). 28 Page 372

Mental Health Bill 2015 Chapter 13 Appeals Part 3 Appeals to Mental Health Court [s 544] 544 Appeal powers 1 (1) The procedure for the appeal is in accordance with court rules 2 for the Mental Health Court or, if the rules make no provision 3 or insufficient provision, as directed by the Mental Health 4 Court. 5 (2) The appeal is by way of rehearing. 6 (3) In deciding the appeal, the Mental Health Court may-- 7 (a) confirm the decision appealed against; or 8 (b) set aside the decision appealed against and substitute 9 another decision; or 10 (c) set aside the decision appealed against and return the 11 matter to the tribunal with the directions the Mental 12 Health Court considers appropriate. 13 (4) If the Mental Health Court substitutes another decision, the 14 substituted decision is taken for this Act, other than this 15 chapter, to be a decision of the tribunal. 16 545 Mental Health Court may make forensic order or 17 treatment support order 18 (1) This section applies if-- 19 (a) the decision appealed against is a decision of the 20 tribunal that a person is fit for trial; and 21 Note-- 22 The tribunal may decide a person is fit for trial on a review under 23 chapter 12, part 6. 24 (b) the forensic order or treatment support order to which 25 the person was subject has ended under section 495(2); 26 and 27 (c) the Mental Health Court decides on the appeal that the 28 person is unfit for trial. 29 (2) The Mental Health Court may make the orders the court may 30 make under chapter 5, part 4 as if a reference in the part to a 31 Page 373

Mental Health Bill 2015 Chapter 13 Appeals Part 4 Appeals to Court of Appeal [s 546] reference in relation to a person were a reference to an appeal 1 against a decision of the tribunal that a person is fit for trial. 2 546 Mental Health Court's decision final 3 (1) Unless the Supreme Court decides the Mental Health Court's 4 decision on the appeal is affected by jurisdictional error, the 5 decision-- 6 (a) is final and conclusive; and 7 (b) can not be challenged, appealed against, reviewed, 8 quashed, set aside or called in question in any other way 9 under the Judicial Review Act 1991 or otherwise 10 (whether by the Supreme Court, another court, a tribunal 11 or another entity); and 12 (c) is not subject to any declaratory, injunctive or other 13 order of the Supreme Court, another court, a tribunal or 14 another entity on any ground. 15 (2) The Judicial Review Act 1991, part 5 applies to the Mental 16 Health Court's decision to the extent it is affected by 17 jurisdictional error. 18 Part 4 Appeals to Court of Appeal 19 547 Who may appeal 20 The following persons may appeal to the Court of Appeal 21 against a decision of the Mental Health Court on a reference 22 in relation to a person-- 23 (a) the person; 24 (b) the Attorney-General; 25 (c) the chief psychiatrist; 26 (d) the director of forensic disability. 27 Page 374

Mental Health Bill 2015 Chapter 13 Appeals Part 4 Appeals to Court of Appeal [s 548] 548 How to start appeal 1 (1) An appeal is started by filing a notice of appeal with the 2 registrar of the Court of Appeal. 3 (2) The notice of appeal must be filed within 28 days after the 4 appellant receives notice of the decision or otherwise becomes 5 aware of the decision. 6 (3) However, the Court of Appeal may at any time extend the 7 period for filing the notice of appeal. 8 (4) The notice of appeal must-- 9 (a) be in the approved form; and 10 (b) state fully the grounds of the appeal and the facts relied 11 on. 12 549 Appeal powers 13 (1) The procedure for the appeal is to be in accordance with court 14 rules for the Court of Appeal or, if the rules make no provision 15 or insufficient provision, as directed by the Court of Appeal. 16 (2) In deciding the appeal, the Court of Appeal may-- 17 (a) confirm the decision appealed against; or 18 (b) set aside the decision appealed against and substitute 19 another decision; or 20 (c) set aside the decision appealed against and return the 21 matter to the Mental Health Court with the directions 22 the Court of Appeal considers appropriate. 23 (3) If the Court of Appeal substitutes another decision, the 24 substituted decision is taken for this Act, other than this 25 chapter, to be the decision of the Mental Health Court. 26 (4) If the Court of Appeal returns the matter to the Mental Health 27 Court, the Court of Appeal must order that-- 28 (a) either-- 29 Page 375

Mental Health Bill 2015 Chapter 13 Appeals Part 4 Appeals to Court of Appeal [s 550] (i) the person be remanded in custody and any bail 1 granted under the Bail Act 1980 for the person be 2 revoked; or 3 (ii) bail be granted, enlarged or varied under the Bail 4 Act 1980 for the person; or 5 (b) the person be detained in a stated authorised mental 6 health service. 7 Note-- 8 An order made under paragraph (b) is a type of judicial order. A 9 judicial order does not authorise the provision of involuntary 10 treatment and care to the person. 11 (5) For subsection (4)(b), an authorised person may transport the 12 person to an inpatient unit of the authorised mental health 13 service stated in the order. 14 Note-- 15 For the powers of an authorised person when detaining and transporting 16 a person, see chapter 11, part 6, division 5. 17 (6) The person the subject of the reference may be detained under 18 the court's order in an inpatient unit of the authorised mental 19 health service stated in the order. 20 550 Notice of decision 21 The registrar of the Court of Appeal must give a copy of the 22 decision on the appeal to the registrar of the Mental Health 23 Court. 24 Page 376

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 1 Preliminary [s 551] Chapter 14 Monitoring and 1 enforcement 2 Part 1 Preliminary 3 551 Purpose of ch 14 4 This purpose of this chapter is to provide for-- 5 (a) the appointment of inspectors; and 6 (b) the functions and powers of inspectors in relation to-- 7 (i) investigating, monitoring and enforcing 8 compliance with this Act; and 9 (ii) investigating a matter under chapter 10, part 4. 10 552 Definitions for ch 14 11 In this chapter-- 12 court means a Magistrates Court. 13 electronic document means a document of a type under the 14 Acts Interpretation Act 1954, schedule 1, definition document, 15 paragraph (c). 16 former owner see section 588(1). 17 general power see section 575(1). 18 help requirement see section 576(1). 19 identity card, for an inspector, means an identity card issued 20 under section 558(1). 21 information notice, about a decision, means a notice stating 22 the following-- 23 (a) the decision; 24 (b) the reasons for it; 25 Page 377

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 2 General provisions about inspectors [s 553] (c) that the person to whom the notice is given may apply to 1 the chief psychiatrist for a review of the decision within 2 28 days after the person receives the notice; 3 (d) how to apply for a review. 4 information requirement see section 595(3). 5 inspector means a person who holds office under this chapter 6 as an inspector. 7 offence warning, for a help requirement or personal details 8 requirement, means a warning that, without a reasonable 9 excuse, it is an offence for the person to whom the 10 requirement is made not to comply with it. 11 owner, of a thing that has been seized under this chapter, 12 includes a person who would be entitled to possession of the 13 thing had it not been seized. 14 personal details requirement see section 593(5). 15 person in control, of a thing, includes anyone who reasonably 16 appears to be, claims to be, or acts as if he or she is, the person 17 in possession or control of the thing. 18 reasonably suspects means suspects on grounds that are 19 reasonable in the circumstances. 20 Part 2 General provisions about 21 inspectors 22 Division 1 Appointment 23 553 Appointment and qualifications 24 (1) The chief psychiatrist may, by instrument in writing, appoint 25 any of the following persons as inspectors-- 26 Page 378

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 2 General provisions about inspectors [s 554] (a) a public service employee of the department; 1 (b) a health service employee; 2 (c) other persons prescribed by regulation. 3 (2) Also, the chief psychiatrist may, by instrument in writing, 4 appoint a health practitioner, lawyer or another person as an 5 inspector for investigating a matter under chapter 10, part 4. 6 (3) However, the chief psychiatrist may appoint a person as an 7 inspector under subsection (1) or (2) only if the chief 8 psychiatrist is satisfied the person is appropriately qualified. 9 (4) Also, the chief psychiatrist is an inspector. 10 554 Functions of inspectors 11 An inspector's functions are as follows-- 12 (a) for an inspector appointed under section 553(1)--to 13 investigate, monitor and enforce compliance with this 14 Act; 15 (b) for an inspector appointed under section 553(1) or 16 (2)--to investigate a matter under chapter 10, part 4; 17 (c) for the chief psychiatrist--each of the functions 18 mentioned in paragraphs (a) and (b). 19 555 Appointment conditions and limit on powers 20 (1) An inspector holds office on any conditions stated in-- 21 (a) the inspector's instrument of appointment; or 22 (b) a signed notice given to the inspector; or 23 (c) a regulation. 24 (2) The instrument of appointment, a signed notice given to the 25 inspector or a regulation may limit the inspector's powers. 26 (3) In this section-- 27 signed notice means a notice signed by the chief psychiatrist. 28 Page 379

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 2 General provisions about inspectors [s 556] 556 When office ends 1 (1) The office of a person as an inspector ends if any of the 2 following happens-- 3 (a) the term of office stated in a condition of office ends; 4 (b) under another condition of office, the office ends; 5 (c) the inspector's resignation under section 557 takes 6 effect. 7 (2) Subsection (1) does not limit the ways the office of a person as 8 an inspector ends. 9 (3) In this section-- 10 condition of office means a condition under which the 11 inspector holds office. 12 557 Resignation 13 An inspector may resign by signed notice given to the chief 14 psychiatrist. 15 Division 2 Identity cards 16 558 Issue of identity card 17 (1) The chief psychiatrist must issue an identity card to each 18 inspector. 19 (2) The identity card must-- 20 (a) contain a recent photo of the inspector; and 21 (b) contain a copy of the inspector's signature; and 22 (c) identify the person as an inspector under this Act; and 23 (d) state an expiry date for the card. 24 (3) This section does not prevent the issue of a single identity 25 card to a person for this Act and other purposes. 26 Page 380

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 2 General provisions about inspectors [s 559] 559 Production or display of identity card 1 (1) In exercising a power in relation to a person in the person's 2 presence, an inspector must-- 3 (a) produce the inspector's identity card for the person's 4 inspection before exercising the power; or 5 (b) have the identity card displayed so it is clearly visible to 6 the person when exercising the power. 7 (2) However, if it is not practicable to comply with subsection (1), 8 the inspector must produce the identity card for the person's 9 inspection at the first reasonable opportunity. 10 (3) For subsection (1), an inspector does not exercise a power in 11 relation to a person only because the inspector has entered a 12 place as mentioned in section 563(1)(b) or (d). 13 560 Return of identity card 14 If the office of a person as an inspector ends, the person must 15 return the person's identity card to the chief psychiatrist 16 within 21 days after the office ends unless the person has a 17 reasonable excuse. 18 Maximum penalty--20 penalty units. 19 Division 3 Miscellaneous provisions 20 561 References to exercise of powers 21 If-- 22 (a) a provision of this chapter refers to the exercise of a 23 power by an inspector; and 24 (b) there is no reference to a specific power; 25 the reference is to the exercise of all or any inspectors' powers 26 under this chapter or a warrant, to the extent the powers are 27 relevant. 28 Page 381

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 3 Entry of places by inspectors [s 562] 562 Reference to document includes reference to 1 reproductions from electronic document 2 A reference in this chapter to a document includes a reference 3 to an image or writing-- 4 (a) produced from an electronic document; or 5 (b) not yet produced, but reasonably capable of being 6 produced, from an electronic document, with or without 7 the aid of another article or device. 8 Part 3 Entry of places by inspectors 9 Division 1 Power to enter 10 563 General power to enter places 11 (1) An inspector may enter a place if-- 12 (a) an occupier of the place consents under division 2 to the 13 entry and section 566 has been complied with for the 14 occupier; or 15 (b) it is a public place and the entry is made when the place 16 is open to the public; or 17 (c) the entry is authorised under a warrant and, if there is an 18 occupier of the place, section 573 has been complied 19 with for the occupier; or 20 (d) it is an authorised mental health service or public sector 21 health service facility and is-- 22 (i) open to the public; or 23 (ii) otherwise open for entry. 24 (2) If the power to enter arose only because an occupier of the 25 place consented to the entry, the power is subject to any 26 Page 382

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 3 Entry of places by inspectors [s 564] conditions of the consent and ceases if the consent is 1 withdrawn. 2 (3) If the power to enter is under a warrant, the power is subject to 3 the terms of the warrant. 4 Division 2 Entry by consent 5 564 Application of div 2 6 This division applies if an inspector intends to ask an occupier 7 of a place to consent to the inspector or another inspector 8 entering the place under section 563(1)(a). 9 565 Incidental entry to ask for access 10 For the purpose of asking the occupier for the consent, an 11 inspector may, without the occupier's consent or a warrant-- 12 (a) enter land around premises at the place to an extent that 13 is reasonable to contact the occupier; or 14 (b) enter part of the place the inspector reasonably 15 considers members of the public ordinarily are allowed 16 to enter when they wish to contact an occupier of the 17 place. 18 566 Matters inspector must tell occupier 19 Before asking for the consent, the inspector must give a 20 reasonable explanation to the occupier-- 21 (a) about the purpose of the entry, including the powers 22 intended to be exercised; and 23 (b) that the occupier is not required to consent; and 24 (c) that the consent may be given subject to conditions and 25 may be withdrawn at any time. 26 Page 383

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 3 Entry of places by inspectors [s 567] 567 Consent acknowledgement 1 (1) If the consent is given, the inspector may ask the occupier to 2 sign an acknowledgement of the consent. 3 (2) The acknowledgement must state-- 4 (a) the purpose of the entry, including the powers to be 5 exercised; and 6 (b) the following has been explained to the occupier-- 7 (i) the purpose of the entry, including the powers 8 intended to be exercised; 9 (ii) that the occupier is not required to consent; 10 (iii) that the consent may be given subject to conditions 11 and may be withdrawn at any time; and 12 (c) the occupier gives the inspector or another inspector 13 consent to enter the place and exercise the powers; and 14 (d) the time and day the consent was given; and 15 (e) any conditions of the consent. 16 (3) If the occupier signs the acknowledgement, the inspector must 17 immediately give a copy to the occupier. 18 (4) If-- 19 (a) an issue arises in a proceeding about whether the 20 occupier consented to the entry; and 21 (b) a signed acknowledgement complying with subsection 22 (2) for the entry is not produced in evidence; 23 the onus of proof is on the person relying on the lawfulness of 24 the entry to prove the occupier consented. 25 Page 384

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 3 Entry of places by inspectors [s 568] Division 3 Entry under warrant 1 Subdivision 1 Obtaining warrant 2 568 Application for warrant 3 (1) An inspector may apply to a magistrate for a warrant for a 4 place. 5 (2) The inspector must prepare a written application that states 6 the grounds on which the warrant is sought. 7 (3) The written application must be sworn. 8 (4) The magistrate may refuse to consider the application until the 9 inspector gives the magistrate all the information the 10 magistrate requires about the application in the way the 11 magistrate requires. 12 Example-- 13 The magistrate may require additional information supporting the 14 written application to be given by statutory declaration. 15 569 Issue of warrant 16 (1) The magistrate may issue the warrant for the place only if the 17 magistrate is satisfied there are reasonable grounds for 18 suspecting that there is at the place, or will be at the place 19 within the next 7 days, a particular thing or activity that may 20 provide evidence-- 21 (a) about a matter being investigated by the inspector under 22 chapter 10, part 4; or 23 (b) of an offence against this Act. 24 (2) The warrant must state-- 25 (a) the place to which the warrant applies; and 26 (b) that a stated inspector or any inspector may with 27 necessary and reasonable help and force-- 28 Page 385

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 3 Entry of places by inspectors [s 570] (i) enter the place and any other place necessary for 1 entry to the place; and 2 (ii) exercise the inspector's powers; and 3 (c) particulars of the matter being investigated, or offence, 4 that the magistrate considers appropriate; and 5 (d) the name of the person involved in the matter being 6 investigated, or suspected of having committed the 7 offence, unless the name is unknown or the magistrate 8 considers it inappropriate to state the name; and 9 (e) the evidence that may be seized under the warrant; and 10 (f) the hours of the day or night when the place may be 11 entered; and 12 (g) the magistrate's name; and 13 (h) the day and time of the warrant's issue; and 14 (i) the day, within 14 days after the warrant's issue, the 15 warrant ends. 16 570 Electronic application 17 (1) An application under section 568 may be made by phone, fax, 18 email, radio, videoconferencing or another form of electronic 19 communication if the inspector reasonably considers it 20 necessary because of-- 21 (a) urgent circumstances; or 22 (b) other special circumstances, including, for example, the 23 inspector's remote location. 24 (2) The application-- 25 (a) may not be made before the inspector prepares the 26 written application under section 568(2); but 27 (b) may be made before the written application is sworn. 28 Page 386

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 3 Entry of places by inspectors [s 571] 571 Additional procedure if electronic application 1 (1) For an application made under section 570, the magistrate 2 may issue the warrant (the original warrant) only if the 3 magistrate is satisfied-- 4 (a) it was necessary to make the application under section 5 570; and 6 (b) the way the application was made under section 570 was 7 appropriate. 8 (2) After the magistrate issues the original warrant-- 9 (a) if there is a reasonably practicable way of immediately 10 giving a copy of the warrant to the inspector, including, 11 for example, by sending a copy by fax or email, the 12 magistrate must immediately give a copy of the warrant 13 to the inspector; or 14 (b) otherwise-- 15 (i) the magistrate must tell the inspector the 16 information mentioned in section 569(2); and 17 (ii) the inspector must complete a form of warrant, 18 including by writing on it the information 19 mentioned in section 569(2) provided by the 20 magistrate. 21 (3) The copy of the warrant mentioned in subsection (2)(a), or the 22 form of warrant completed under subsection (2)(b) (in either 23 case the duplicate warrant), is a duplicate of, and as effectual 24 as, the original warrant. 25 (4) The inspector must, at the first reasonable opportunity, send to 26 the magistrate-- 27 (a) the written application complying with section 568(2) 28 and (3); and 29 (b) if the inspector completed a form of warrant under 30 subsection (2)(b), the completed form of warrant. 31 (5) The magistrate must keep the original warrant and, on 32 receiving the documents under subsection (4)-- 33 Page 387

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 3 Entry of places by inspectors [s 572] (a) attach the documents to the original warrant; and 1 (b) give the original warrant and documents to the clerk of 2 the court of the relevant magistrates court. 3 (6) Despite subsection (3), if-- 4 (a) an issue arises in a proceeding about whether an 5 exercise of a power was authorised by a warrant issued 6 under this section; and 7 (b) the original warrant is not produced in evidence; 8 the onus of proof is on the person relying on the lawfulness of 9 the exercise of the power to prove a warrant authorised the 10 exercise of the power. 11 (7) In this section-- 12 relevant magistrates court, in relation to a magistrate, means 13 the Magistrates Court that the magistrate constitutes under the 14 Magistrates Act 1991. 15 572 Defect in relation to a warrant 16 (1) A warrant is not invalidated by a defect in-- 17 (a) the warrant; or 18 (b) compliance with this subdivision; 19 unless the defect affects the substance of the warrant in a 20 material particular. 21 (2) In this section-- 22 warrant includes a duplicate warrant mentioned in section 23 571(3). 24 Page 388

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 3 Entry of places by inspectors [s 573] Subdivision 2 Entry procedure 1 573 Entry procedure 2 (1) This section applies if an inspector is intending to enter a 3 place under a warrant issued under subdivision 1. 4 (2) Before entering the place, the inspector must do or make a 5 reasonable attempt to do the following things-- 6 (a) identify himself or herself to a person who is an 7 occupier of the place and is present by producing the 8 inspector's identity card or another document 9 evidencing the inspector's appointment; 10 (b) give the person a copy of the warrant; 11 (c) tell the person the inspector is permitted by the warrant 12 to enter the place; 13 (d) give the person an opportunity to allow the inspector 14 immediate entry to the place without using force. 15 (3) However, the inspector need not comply with subsection (2) if 16 the inspector believes on reasonable grounds that entry to the 17 place without compliance is required to ensure the execution 18 of the warrant is not frustrated. 19 (4) In this section-- 20 warrant includes a duplicate warrant mentioned in section 21 571(3). 22 Page 389

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 4 General powers of inspectors after entering places [s 574] Part 4 General powers of inspectors 1 after entering places 2 574 Application of pt 4 3 (1) The powers under this part may be exercised if an inspector 4 enters a place under section 563(1)(a), (c) or (d). 5 (2) However, if the inspector enters the place under section 6 563(1)(a) or (c), the powers under this part are subject to any 7 conditions of the consent or terms of the warrant. 8 575 General powers 9 (1) The inspector may do any of the following (each a general 10 power)-- 11 (a) search any part of the place; 12 (b) confer alone with a patient in the place; 13 (c) make inquiries about the admission, assessment, 14 examination, detention, or treatment and care, of a 15 patient in the place; 16 (d) inspect, examine or film any part of the place or 17 anything at the place, including, for example-- 18 (i) inspect any document (including a health record) 19 about a patient who-- 20 (A) has been, or is being, assessed or examined 21 in the place; or 22 (B) has received, or is receiving, treatment and 23 care in the place; and 24 (ii) inspect any record or register required to be kept 25 under this Act; 26 (e) take for examination a thing, or a sample of or from a 27 thing, at the place; 28 (f) place an identifying mark in or on anything at the place; 29 Page 390

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 4 General powers of inspectors after entering places [s 575] (g) take an extract from, or copy, a document at the place, or 1 take the document to another place to copy; 2 (h) produce an image or writing at the place from an 3 electronic document or, to the extent it is not 4 practicable, take a thing containing an electronic 5 document to another place to produce an image or 6 writing; 7 (i) take to, into or onto the place and use any person, 8 equipment and materials the inspector reasonably 9 requires for exercising the inspector's powers under this 10 part; 11 (j) remain at the place for the time necessary to achieve the 12 purpose of the entry. 13 (2) The inspector may take a necessary step to allow the exercise 14 of a general power. 15 (3) If the inspector takes a document from the place to copy it, the 16 inspector must copy the document and return it to the place as 17 soon as practicable. 18 (4) If the inspector takes from the place an article or device 19 reasonably capable of producing a document from an 20 electronic document to produce the document, the inspector 21 must produce the document and return the article or device to 22 the place as soon as practicable. 23 (5) In this section-- 24 examine includes analyse, test, account, measure, weigh, 25 grade, gauge and identify. 26 film includes photograph, videotape and record an image in 27 another way. 28 inspect, a thing, includes open the thing and examine its 29 contents. 30 Page 391

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 5 Seizure by inspectors and forfeiture [s 576] 576 Power to require reasonable help 1 (1) The inspector may make a requirement (a help requirement) 2 of an occupier of the place or a person at the place to give the 3 inspector reasonable help to exercise a general power, 4 including, for example, to produce a document or to give 5 information. 6 (2) When making the help requirement, the inspector must give 7 the person an offence warning for the requirement. 8 577 Offence to contravene help requirement 9 (1) A person of whom a help requirement has been made must 10 comply with the requirement unless the person has a 11 reasonable excuse. 12 Maximum penalty--100 penalty units. 13 (2) It is a reasonable excuse for an individual not to comply with 14 a help requirement if complying might tend to incriminate the 15 individual or expose the individual to a penalty. 16 (3) However, subsection (2) does not apply if a document or 17 information the subject of the help requirement is required to 18 be held or kept under this Act. 19 Part 5 Seizure by inspectors and 20 forfeiture 21 Division 1 Power to seize 22 578 Seizing evidence at a place that may be entered without 23 consent or warrant 24 An inspector who enters a place the inspector may enter under 25 section 563 without the consent of an occupier of the place 26 Page 392

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 5 Seizure by inspectors and forfeiture [s 579] and without a warrant may seize a thing at the place if the 1 inspector reasonably believes the thing is evidence-- 2 (a) about a matter being investigated by the inspector under 3 chapter 10, part 4; or 4 (b) of an offence against this Act. 5 579 Seizing evidence at a place that may be entered only with 6 consent or warrant 7 (1) This section applies if-- 8 (a) an inspector is authorised to enter a place only with the 9 consent of an occupier of the place or a warrant; and 10 (b) the inspector enters the place after obtaining the consent 11 or under a warrant. 12 (2) If the inspector enters the place with the occupier's consent, 13 the inspector may seize a thing at the place only if-- 14 (a) the inspector reasonably believes the thing is evidence-- 15 (i) about a matter being investigated by the inspector 16 under chapter 10, part 4; or 17 (ii) of an offence against this Act; and 18 (b) seizure of the thing is consistent with the purpose of 19 entry as explained to the occupier when asking for the 20 occupier's consent. 21 (3) If the inspector enters the place under a warrant, the inspector 22 may seize the evidence for which the warrant was issued. 23 (4) The inspector may also seize anything else at the place if the 24 inspector reasonably believes-- 25 (a) the thing is evidence-- 26 (i) about a matter being investigated by the inspector 27 under chapter 10, part 4; or 28 (ii) of an offence against this Act; and 29 Page 393

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 5 Seizure by inspectors and forfeiture [s 580] (b) the seizure is necessary to prevent the thing being 1 hidden, lost or destroyed. 2 (5) The inspector may also seize a thing at the place if the 3 inspector reasonably believes it has just been used in 4 committing an offence against this Act. 5 580 Seizure of property subject to security 6 (1) An inspector may seize a thing, and exercise powers relating 7 to the thing, despite a lien or other security over the thing 8 claimed by another person. 9 (2) However, the seizure does not affect the other person's claim 10 to the lien or other security against a person other than the 11 inspector or a person acting under the direction or authority of 12 the inspector. 13 Division 2 Powers to support seizure 14 581 Power to secure seized thing 15 (1) Having seized a thing under division 1, an inspector may-- 16 (a) leave it at the place where it was seized (the place of 17 seizure) and take reasonable action to restrict access to 18 it; or 19 (b) move it from the place of seizure. 20 (2) For subsection (1)(a), the inspector may, for example-- 21 (a) seal the thing, or the entrance to the place of seizure, and 22 mark the thing or place to show access to the thing or 23 place is restricted; or 24 (b) for equipment--make it inoperable; or 25 Example-- 26 make it inoperable by dismantling it or removing a component 27 without which the equipment can not be used 28 Page 394

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 5 Seizure by inspectors and forfeiture [s 582] (c) require a person the inspector reasonably believes is in 1 control of the place or thing to do an act mentioned in 2 paragraph (a) or (b) or anything else an inspector could 3 do under subsection (1)(a). 4 582 Offence to contravene other seizure requirement 5 A person must comply with a requirement made of the person 6 under section 581(2)(c) unless the person has a reasonable 7 excuse. 8 Maximum penalty--100 penalty units. 9 583 Offence to interfere 10 (1) If access to a seized thing is restricted under section 581, a 11 person must not tamper with the thing or with anything used 12 to restrict access to the thing without-- 13 (a) an inspector's approval; or 14 (b) a reasonable excuse. 15 Maximum penalty--100 penalty units. 16 (2) If access to a place is restricted under section 581, a person 17 must not enter the place in contravention of the restriction or 18 tamper with anything used to restrict access to the place 19 without-- 20 (a) an inspector's approval; or 21 (b) a reasonable excuse. 22 Maximum penalty--100 penalty units. 23 Division 3 Safeguards for seized things 24 584 Receipt and information notice for seized thing 25 (1) This section applies if an inspector seizes anything under 26 division 1 unless-- 27 Page 395

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 5 Seizure by inspectors and forfeiture [s 585] (a) the inspector reasonably believes there is no-one 1 apparently in possession of the thing or it has been 2 abandoned; or 3 (b) because of the condition, nature and value of the thing it 4 would be unreasonable to require the inspector to 5 comply with this section. 6 (2) The inspector must, as soon as practicable after seizing the 7 thing, give an owner or person in control of the thing before it 8 was seized-- 9 (a) a receipt for the thing that generally describes the thing 10 and its condition; and 11 (b) an information notice about the decision to seize it. 12 (3) However, if an owner or person from whom the thing is seized 13 is not present when it is seized, the receipt and information 14 notice may be given by leaving them in a conspicuous 15 position and in a reasonably secure way at the place at which 16 the thing is seized. 17 (4) The receipt and information notice may-- 18 (a) be given in the same document; and 19 (b) relate to more than 1 seized thing. 20 (5) The inspector may delay giving the receipt and information 21 notice if the inspector reasonably suspects giving them may 22 frustrate or otherwise hinder an investigation by the inspector 23 under this Act. 24 (6) However, the delay may be only for so long as the inspector 25 continues to have the reasonable suspicion and remains in the 26 vicinity of the place at which the thing was seized to keep it 27 under observation. 28 585 Access to seized thing 29 (1) Until a seized thing is forfeited or returned, the inspector who 30 seized the thing must allow an owner of the thing-- 31 Page 396

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 5 Seizure by inspectors and forfeiture [s 586] (a) to inspect it at any reasonable time and from time to 1 time; and 2 (b) if it is a document--to copy it. 3 (2) Subsection (1) does not apply if it is impracticable or would 4 be unreasonable to allow the inspection or copying. 5 (3) The inspection or copying must be allowed free of charge. 6 586 Return of seized thing 7 (1) This section applies if a seized thing has some intrinsic value 8 and is not forfeited or transferred under division 4 or 5. 9 (2) The inspector must return the seized thing to an owner-- 10 (a) generally--at the end of 6 months after the seizure; or 11 (b) if a proceeding for an offence involving the thing is 12 started within 6 months after the seizure--at the end of 13 the proceeding and any appeal from the proceeding. 14 (3) Despite subsection (2), if the thing was seized as evidence, the 15 inspector must return the thing seized to an owner as soon as 16 practicable after the inspector is satisfied-- 17 (a) its continued retention as evidence is no longer 18 necessary; and 19 (b) it is lawful for the owner to possess it. 20 (4) Nothing in this section affects a lien or other security over the 21 seized thing. 22 Division 4 Forfeiture 23 587 Forfeiture by chief psychiatrist decision 24 (1) The chief psychiatrist may decide a seized thing is forfeited to 25 the State if an inspector-- 26 Page 397

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 5 Seizure by inspectors and forfeiture [s 588] (a) after making reasonable inquiries, can not find an 1 owner; or 2 (b) after making reasonable efforts, can not return it to an 3 owner. 4 (2) However, the inspector is not required to-- 5 (a) make inquiries if it would be unreasonable to make 6 inquiries to find an owner; or 7 (b) make efforts if it would be unreasonable to make efforts 8 to return the thing to an owner. 9 Example for paragraph (b)-- 10 the owner of the thing has migrated to another country 11 (3) Regard must be had to the thing's condition, nature and value 12 in deciding-- 13 (a) whether it is reasonable to make inquiries or efforts; and 14 (b) if inquiries or efforts are made--what inquiries or 15 efforts, including the period over which they are made, 16 are reasonable. 17 588 Information notice about forfeiture decision 18 (1) If the chief psychiatrist decides under section 587(1) to forfeit 19 a thing, the chief psychiatrist must as soon as practicable give 20 a person who owned the thing immediately before the 21 forfeiture (the former owner) an information notice about the 22 decision. 23 (2) The information notice may be given by leaving it at the place 24 where the thing was seized, in a conspicuous position and in a 25 reasonably secure way. 26 (3) The information notice must state that the former owner may 27 apply for a stay of the decision if the former owner appeals 28 against the decision. 29 (4) However, subsections (1) to (3) do not apply if the place 30 where the thing was seized is-- 31 Page 398

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 5 Seizure by inspectors and forfeiture [s 589] (a) a public place; or 1 (b) a place where the notice is unlikely to be read by the 2 former owner. 3 589 Forfeiture on conviction 4 (1) On the conviction of a person for an offence against this Act, 5 the court may order the forfeiture to the State of-- 6 (a) anything used to commit the offence; or 7 (b) anything else the subject of the offence. 8 (2) The court may make the order-- 9 (a) whether or not the thing has been seized; or 10 (b) if the thing has been seized--whether or not the thing 11 has been returned to the former owner of the thing. 12 (3) The court may make any order to enforce the forfeiture it 13 considers appropriate. 14 (4) This section does not limit the court's powers under another 15 law. 16 590 Procedure and powers for making forfeiture order 17 (1) A forfeiture order may be made on a conviction on the court's 18 initiative or on an application by the prosecution. 19 (2) In deciding whether to make a forfeiture order for a thing, the 20 court-- 21 (a) may require notice to be given to anyone the court 22 considers appropriate, including, for example, any 23 person who may have any property in the thing; and 24 (b) must hear any submissions that any person claiming to 25 have any property in the thing may wish to make. 26 Page 399

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 6 Other information-obtaining powers of inspectors [s 591] Division 5 Dealing with property forfeited or 1 transferred to State 2 591 When thing becomes property of the State 3 A thing becomes the property of the State if-- 4 (a) the thing is forfeited to the State under section 587(1) or 5 589(1); or 6 (b) the owner of the thing and the State agree, in writing, to 7 the transfer of the ownership of the thing to the State. 8 592 How property may be dealt with 9 (1) This section applies if, under section 591, a thing becomes the 10 property of the State. 11 (2) The chief psychiatrist may deal with the thing as the chief 12 psychiatrist considers appropriate, including, for example, by 13 destroying it or giving it away. 14 (3) The chief psychiatrist must not deal with the thing in a way 15 that could prejudice the outcome of an appeal against the 16 forfeiture under part 8. 17 (4) If the chief psychiatrist sells the thing, the chief psychiatrist 18 may, after deducting the costs of the sale, return the proceeds 19 of the sale to the former owner of the thing. 20 Part 6 Other information-obtaining 21 powers of inspectors 22 593 Power to require name and address 23 (1) This section applies if an inspector-- 24 (a) finds a person committing an offence against this Act; or 25 Page 400

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 6 Other information-obtaining powers of inspectors [s 594] (b) finds a person in circumstances that lead the inspector to 1 reasonably suspect the person has just committed an 2 offence against this Act; or 3 (c) has information that leads the inspector to reasonably 4 suspect a person has just committed an offence against 5 this Act. 6 (2) The inspector may require the person to state the person's 7 name and residential address. 8 (3) The inspector may also require the person to give evidence of 9 the correctness of the stated name or address if, in the 10 circumstances, it would be reasonable to expect the person 11 to-- 12 (a) be in possession of evidence of the correctness of the 13 stated name or address; or 14 (b) otherwise be able to give the evidence. 15 (4) When making a personal details requirement, the inspector 16 must give the person an offence warning for the requirement. 17 (5) A requirement under this section is a personal details 18 requirement. 19 594 Offence to contravene personal details requirement 20 (1) A person of whom a personal details requirement has been 21 made must comply with the requirement unless the person has 22 a reasonable excuse. 23 Maximum penalty--50 penalty units. 24 (2) A person may not be convicted of an offence under subsection 25 (1) unless the person is found guilty of the offence in relation 26 to which the personal details requirement was made. 27 595 Power to require information 28 (1) This section applies if an inspector reasonably believes-- 29 Page 401

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 6 Other information-obtaining powers of inspectors [s 596] (a) an offence against this Act has been committed and a 1 person may be able to give information about the 2 offence; or 3 (b) a person may be able to give information about a matter 4 being investigated by the inspector under chapter 10, 5 part 4. 6 (2) The inspector may, by written notice given to the person, 7 require the person to give the inspector information related to 8 the offence, or matter being investigated, at a stated 9 reasonable time and place. 10 (3) A requirement under subsection (2) is an information 11 requirement. 12 (4) For information that is an electronic document, compliance 13 with the information requirement requires the giving of a clear 14 image or written version of the electronic document. 15 (5) In this section-- 16 information includes a document. 17 596 Offence to contravene information requirement 18 (1) A person of whom an information requirement is made must 19 comply with the requirement unless the person has a 20 reasonable excuse. 21 Maximum penalty--50 penalty units. 22 (2) It is a reasonable excuse for an individual not to give the 23 information if giving the information might tend to 24 incriminate the individual or expose the individual to a 25 penalty. 26 (3) However, subsection (2) does not apply if information the 27 subject of the information requirement is required to be held 28 or kept under this Act. 29 (4) In this section-- 30 information includes a document. 31 Page 402

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 7 Miscellaneous provisions relating to inspectors [s 597] Part 7 Miscellaneous provisions 1 relating to inspectors 2 Division 1 Damage 3 597 Duty to avoid inconvenience and minimise damage 4 In exercising a power, an inspector must take all reasonable 5 steps to cause as little inconvenience, and do as little damage, 6 as possible. 7 598 Notice of damage 8 (1) This section applies if-- 9 (a) an inspector damages something when exercising, or 10 purporting to exercise, a power; or 11 (b) a person (the assistant) acting under the direction or 12 authority of an inspector damages something. 13 (2) However, this section does not apply to damage the inspector 14 reasonably considers is trivial or if the inspector reasonably 15 believes-- 16 (a) there is no-one apparently in possession of the thing; or 17 (b) the thing has been abandoned. 18 (3) The inspector must give written notice of the damage to the 19 person who appears to the inspector to be an owner, or person 20 in control, of the thing. 21 (4) However, if for any reason it is not practicable to comply with 22 subsection (3), the inspector must-- 23 (a) leave the notice at the place where the damage 24 happened; and 25 (b) ensure it is left in a conspicuous position and in a 26 reasonably secure way. 27 Page 403

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 7 Miscellaneous provisions relating to inspectors [s 599] (5) The inspector may delay complying with subsection (3) or (4) 1 if the inspector reasonably suspects complying with the 2 subsection may frustrate or otherwise hinder the performance 3 of the inspector's functions. 4 (6) The delay may be only for so long as the inspector continues 5 to have the reasonable suspicion and remains in the vicinity of 6 the place. 7 (7) If the inspector believes the damage was caused by a latent 8 defect in the thing or other circumstances beyond the control 9 of the inspector or the assistant, the inspector may state the 10 belief in the notice. 11 (8) The notice must state-- 12 (a) particulars of the damage; and 13 (b) that the person who suffered the damage may claim 14 compensation under section 599. 15 Division 2 Compensation 16 599 Claim 17 (1) A person may claim compensation from the State if the person 18 incurs loss because of the exercise, or purported exercise, of a 19 power by or for an inspector including a loss arising from 20 compliance with a requirement made of the person under part 21 5 or 6. 22 (2) The compensation may be claimed and ordered in a 23 proceeding-- 24 (a) brought in a court with jurisdiction for the recovery of 25 the amount of compensation claimed; or 26 (b) for an alleged offence against this Act the investigation 27 of which gave rise to the claim for compensation. 28 (3) In this section-- 29 loss includes costs and damage. 30 Page 404

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 8 Reviews and appeals about seizure and forfeiture [s 600] 600 Court order 1 (1) A court may order the payment of compensation only if it is 2 satisfied it is just to make the order in the circumstances of the 3 particular case. 4 (2) In considering whether it is just to order compensation, the 5 court must have regard to-- 6 (a) any relevant offence committed by the claimant; and 7 (b) whether the loss arose from a lawful seizure or lawful 8 forfeiture. 9 (3) A regulation may prescribe other matters that may, or must, 10 be taken into account by the court when considering whether 11 it is just to order compensation. 12 (4) Section 597 does not provide for a statutory right of 13 compensation other than as provided by this section. 14 Part 8 Reviews and appeals about 15 seizure and forfeiture 16 601 Definitions for pt 8 17 In this part-- 18 internal review decision see section 606(1)(b). 19 original decision see section 606(1)(a). 20 review notice see section 606(1)(c). 21 review notice day see section 606(2)(a). 22 602 Right of appeal 23 A person who has a right to be given an information notice 24 about a decision made under this chapter has a right to appeal 25 against the decision. 26 Page 405

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 8 Reviews and appeals about seizure and forfeiture [s 603] Note-- 1 Information notices are given under sections 584 and 588. 2 603 Appeal process starts with internal review 3 (1) Every appeal against a decision must be, in the first instance, 4 by way of an application for internal review. 5 (2) A person who has a right to appeal against a decision may 6 apply to the chief executive for internal review of the decision. 7 604 How to apply for internal review 8 (1) An application for internal review of a decision must-- 9 (a) be in the approved form; and 10 (b) include enough information to enable the chief 11 executive to decide the application. 12 (2) The application must be made within 28 days after-- 13 (a) the day the person is given an information notice about 14 the decision; or 15 (b) if the person is not given an information notice about the 16 decision--the day the person otherwise becomes aware 17 of the decision. 18 (3) The chief executive may, at any time, extend the time for 19 making the application. 20 (4) The application must not be dealt with by-- 21 (a) the person who made the decision; or 22 (b) a person in a less senior office than the person who 23 made the decision. 24 (5) Subsection (4) applies despite the Acts Interpretation Act 25 1954, section 27A. 26 Page 406

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 8 Reviews and appeals about seizure and forfeiture [s 605] 605 Stay of operation of decision 1 (1) The making of an application for internal review of a decision 2 does not affect the operation of the decision or prevent it 3 being implemented. 4 (2) However, the applicant may apply to the court for a stay of the 5 decision. 6 (3) The court may stay the decision to secure the effectiveness of 7 the internal review and a later appeal to the court. 8 (4) The stay-- 9 (a) may be given on conditions the court considers 10 appropriate; and 11 (b) operates for the period decided by the court. 12 (5) The period of the stay must not extend past the day when the 13 chief executive decides the application for internal review and 14 any later period the court allows the applicant to enable the 15 applicant to appeal against the internal review decision. 16 606 Internal review decision 17 (1) The chief executive must, within 28 days after receiving an 18 application for review of a decision-- 19 (a) review the decision (the original decision); and 20 (b) make a decision (the internal review decision) to-- 21 (i) confirm the original decision; or 22 (ii) amend the original decision; or 23 (iii) substitute another decision for the original 24 decision; and 25 (c) give the applicant written notice (the review notice) of 26 the internal review decision. 27 (2) If the internal review decision is not the decision sought by the 28 applicant, the review notice must state the following-- 29 Page 407

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 8 Reviews and appeals about seizure and forfeiture [s 607] (a) the day the notice is given to the applicant (the review 1 notice day); 2 (b) the reasons for the decision; 3 (c) that the applicant may appeal against the decision to the 4 court within 28 days after the review notice day; 5 (d) how to appeal; 6 (e) that the applicant may apply to the court for a stay of the 7 decision. 8 (3) If the chief executive does not give the review notice within 9 the 28 days, the chief executive is taken to have made an 10 internal review decision confirming the original decision. 11 607 Who may appeal 12 A person who has applied for internal review of an original 13 decision and is dissatisfied with the internal review decision 14 may appeal to the court against the decision. 15 608 Procedure for an appeal to the court 16 (1) An appeal to the court is started by filing a notice of appeal 17 with the registrar of the court. 18 (2) The notice of appeal must be filed within 28 days after-- 19 (a) if the applicant is given a review notice--the review 20 notice day; or 21 (b) otherwise--the day the chief executive is taken to have 22 made an internal review decision confirming the original 23 decision. 24 (3) The court may, at any time, extend the period for filing the 25 notice of appeal. 26 (4) The notice of appeal must state fully the grounds of the 27 appeal. 28 (5) A copy of the notice must be served on the chief executive. 29 Page 408

Mental Health Bill 2015 Chapter 14 Monitoring and enforcement Part 8 Reviews and appeals about seizure and forfeiture [s 609] 609 Stay of operation of internal review decision 1 (1) An appeal against an internal review decision does not affect 2 the operation of the decision or prevent the decision being 3 implemented. 4 (2) However, the appellant may apply to the court for a stay of the 5 internal review decision. 6 (3) The court may stay the internal review decision to secure the 7 effectiveness of the appeal. 8 (4) The stay-- 9 (a) may be given on conditions the court considers 10 appropriate; and 11 (b) operates for the period decided by the court. 12 (5) The period of the stay must not extend past the day when the 13 court decides the appeal. 14 610 Powers of court on appeal 15 (1) In deciding an appeal against an internal review decision, the 16 court-- 17 (a) has the same powers as the chief executive for making 18 the internal review decision; and 19 (b) is not bound by the rules of evidence; and 20 (c) must comply with natural justice. 21 (2) An appeal is by way of rehearing. 22 (3) The court may-- 23 (a) confirm the internal review decision; or 24 (b) set aside the internal review decision and substitute 25 another decision; or 26 (c) set aside the internal review decision and return the 27 matter to the chief executive with directions the court 28 considers appropriate. 29 Page 409

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 1 Preliminary [s 611] 611 Effect of decision of court on appeal 1 (1) If the court sets aside the internal review decision and returns 2 the matter to the chief executive with directions the court 3 considers appropriate, and the chief executive makes a new 4 decision, the new decision is not subject to internal review or 5 appeal under this part. 6 (2) If the court substitutes another decision-- 7 (a) the substituted decision is taken to be the decision of the 8 chief executive; and 9 (b) the chief executive may give effect to the decision as 10 if-- 11 (i) the decision were the original decision of the chief 12 executive; and 13 (ii) no application for internal review or appeal had 14 been made. 15 Chapter 15 Suspension of criminal 16 proceedings, offences and 17 other legal matters 18 Part 1 Preliminary 19 612 Purpose of ch 15 20 The purpose of this chapter is to provide for-- 21 (a) matters relating to the suspension of criminal 22 proceedings against a person who becomes subject to 23 this Act; and 24 (b) offences relating to patients; and 25 Page 410

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 2 Suspension of criminal proceedings [s 613] (c) offences relating to officials; and 1 (d) the detention of, and use of reasonable force in relation 2 to, particular patients; and 3 (e) matters relating to evidence and legal proceedings. 4 Part 2 Suspension of criminal 5 proceedings 6 613 Purpose of pt 2 7 (1) The purpose of this part is to provide for-- 8 (a) the suspension of criminal proceedings against a 9 person-- 10 (i) who becomes a classified patient; or 11 (ii) in relation to whom a direction is given under 12 chapter 4 for a psychiatrist report to be prepared; or 13 (iii) in relation to whom a reference is made to the 14 Mental Health Court; and 15 (b) the ending of the suspension of the criminal 16 proceedings; and 17 (c) the giving of notices in relation to the suspension, and 18 the ending of the suspension, of the criminal 19 proceedings. 20 614 Suspension of proceedings 21 (1) This section applies if any of the following happens-- 22 (a) a person charged with an offence, other than an offence 23 against a law of the Commonwealth, becomes a 24 classified patient; 25 Page 411

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 2 Suspension of criminal proceedings [s 615] Note-- 1 A person becomes a classified patient if the person is transported 2 to, or remains in, an inpatient unit of an authorised mental health 3 service under chapter 3, part 2 or 3. 4 (b) the chief psychiatrist gives a direction under section 91 5 or 93 for a psychiatrist report to be prepared about a 6 person in relation to a charge of a serious offence or an 7 associated offence; 8 (c) a person's mental state in relation to an offence is 9 referred to the Mental Health Court under section 101, 10 110, 175 or 183. 11 (2) A proceeding against a person mentioned in subsection (1)(a) 12 for the offence is suspended. 13 (3) A proceeding against a person mentioned in subsection (1)(b) 14 for the serious offence or associated offence to which the chief 15 psychiatrist's direction relates is suspended. 16 (4) A proceeding against a person mentioned in subsection (1)(c) 17 for the offence to which the reference relates is suspended. 18 (5) If more than 1 of the events happens in relation to a 19 proceeding against a person, the proceeding is suspended on 20 and from the happening of the earliest of the events. 21 615 Giving notice of particular suspensions 22 (1) This section applies if a proceeding is suspended under 23 section 614(2) or (3). 24 (2) As soon as practicable after the proceeding is suspended, the 25 chief psychiatrist must give written notice to the chief 26 executive (justice) of the suspension. 27 (3) As soon as practicable after receiving a notice under 28 subsection (2), the chief executive (justice) must give each of 29 the following a copy of the notice-- 30 (a) the registrar of the court in which the proceeding for the 31 offence has been brought; 32 Page 412

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 2 Suspension of criminal proceedings [s 616] (b) the prosecuting authority for the offence; 1 (c) if the person is a child within the meaning of the Youth 2 Justice Act 1992--the chief executive (youth justice). 3 616 Ending of suspension 4 (1) This section applies to a proceeding against a person that is 5 suspended under section 614. 6 (2) The suspension of the proceeding ends only if each of the 7 following is satisfied-- 8 (a) the person is not, or is no longer, a classified patient; 9 (b) if the chief psychiatrist has decided not to make a 10 reference under section 101 to the Mental Health 11 Court--the period mentioned in section 101(3), or any 12 extended period mentioned in section 101(5), in which 13 the chief psychiatrist may make the reference has ended; 14 (c) if the person's mental state in relation to the offence has 15 been referred to the Mental Health Court under section 16 101, 110, 175 or 183--the Mental Health Court has 17 made a decision on the reference or the reference has 18 been withdrawn. 19 617 Giving notice of ending of suspension 20 (1) As soon as practicable after the ending of the suspension of a 21 proceeding under section 614, the chief psychiatrist must give 22 each of the following written notice of the ending of the 23 suspension-- 24 (a) the person; 25 (b) the person's lawyer, if any; 26 (c) the chief executive (justice); 27 (d) if an authorised mental health service is responsible for 28 the person--the administrator of the service; 29 Page 413

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 2 Suspension of criminal proceedings [s 618] (e) if the forensic disability service is responsible for the 1 person--the administrator of the service. 2 (2) As soon as practicable after receiving a notice under 3 subsection (1), the chief executive (justice) must give each of 4 the following a copy of the notice-- 5 (a) the registrar of the court in which the proceeding for the 6 offence has been brought; 7 (b) the prosecuting authority for the offence; 8 (c) if the person is a child within the meaning of the Youth 9 Justice Act 1992--the chief executive (youth justice). 10 (3) The registrar of the court in which the proceeding for the 11 offence has been brought must arrange for the charge for the 12 offence to be brought before the court within 7 days after 13 receiving a copy of the notice under subsection (2) or, if the 14 court can not be constituted in that period, at the earliest 15 opportunity after the end of the period. 16 618 Effect on powers relating to bail, discontinuance of 17 proceedings and other matters 18 The suspension, under this part, of a proceeding against a 19 person for an offence does not prevent-- 20 (a) a court making an order granting the person bail, or 21 enlarging, varying or revoking bail granted to the 22 person, under the Bail Act 1980; or 23 (b) a court remanding the person in custody in relation to 24 the proceeding for the offence; or 25 (c) a court adjourning the proceeding against the person for 26 the offence until a stated date; or 27 (d) the prosecution of the person for the offence being 28 discontinued at any time; or 29 (e) the presentation of an indictment under the Criminal 30 Code, section 590 for the person. 31 Page 414

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 3 Offences relating to patients [s 619] Part 3 Offences relating to patients 1 619 Offence relating to ill-treatment 2 (1) This section applies to a person who, under this Act-- 3 (a) is assessing, examining, providing treatment and care to, 4 or detaining, a person (the patient); or 5 (b) is responsible for the detention of a person (also the 6 patient). 7 (2) The person must not ill-treat the patient. 8 Maximum penalty--200 penalty units or 2 years 9 imprisonment. 10 (3) In this section-- 11 ill-treat includes to wilfully abuse, neglect or exploit. 12 620 Offences relating to patients absconding 13 (1) This section applies if a person is-- 14 (a) transporting a person (the patient) under this Act-- 15 (i) to an authorised mental health service; or 16 (ii) to the forensic disability service; or 17 (iii) to appear before a court; or 18 (iv) to a place of custody; or 19 (b) accompanying a classified patient, forensic patient or 20 person subject to a judicial order (also the patient) while 21 the patient is receiving limited community treatment or 22 on a temporary absence under section 221. 23 (2) For this section, while the person is acting as mentioned in 24 subsection (1), the patient is in the person's charge. 25 (3) The person must not wilfully allow the patient to abscond 26 from the person's charge. 27 Page 415

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 3 Offences relating to patients [s 621] Maximum penalty--200 penalty units or 2 years 1 imprisonment. 2 (4) A person must not knowingly help the patient to abscond from 3 the person's charge. 4 Maximum penalty--200 penalty units or 2 years 5 imprisonment. 6 621 Offences relating to patients unlawfully absent 7 (1) A person must not-- 8 (a) induce, or knowingly help, a patient of an authorised 9 mental health service or public sector health service 10 facility to unlawfully absent himself or herself from the 11 service or facility; or 12 (b) knowingly harbour a patient who is unlawfully absent 13 from an authorised mental health service or public 14 sector health service facility. 15 Maximum penalty-- 16 (a) for a classified patient, forensic patient or a person 17 subject to a judicial order--200 penalty units or 2 years 18 imprisonment; or 19 (b) otherwise--200 penalty units. 20 (2) Without limiting subsection (1)(b), a patient mentioned in 21 section 620(1) is unlawfully absent from an authorised mental 22 health service or public sector health service facility if the 23 patient has absconded from the charge of a person mentioned 24 in section 620(2). 25 (3) A person employed in an authorised mental health service or 26 public sector health service facility must not wilfully allow a 27 patient detained in the service or facility to unlawfully absent 28 himself or herself from the service or facility. 29 Maximum penalty-- 30 Page 416

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 4 Offences relating to officials [s 622] (a) for a classified patient, forensic patient or a person 1 subject to a judicial order--200 penalty units or 2 years 2 imprisonment; or 3 (b) otherwise--200 penalty units. 4 (4) In this section-- 5 unlawfully means without authority under this Act or other 6 legal authority, justification or excuse. 7 Part 4 Offences relating to officials 8 622 Definition for pt 4 9 In this part-- 10 official means the following persons-- 11 (a) the chief psychiatrist; 12 (b) the administrator of an authorised mental health service; 13 (c) an authorised person other than a police officer; 14 (d) an inspector. 15 623 Obstructing official 16 (1) A person must not obstruct an official exercising a power, or 17 someone helping an official exercising a power, unless the 18 person has a reasonable excuse. 19 Maximum penalty--100 penalty units. 20 (2) If a person has obstructed an official, or someone helping an 21 official, and the official decides to proceed with the exercise 22 of the power, the official must warn the person that-- 23 (a) it is an offence to cause an obstruction unless the person 24 has a reasonable excuse; and 25 Page 417

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 4 Offences relating to officials [s 624] (b) the official considers the person's conduct an 1 obstruction. 2 (3) However, a person who is a patient does not commit an 3 offence against subsection (1) merely because the person 4 resists the exercise of the power in relation to himself or 5 herself. 6 (4) In this section-- 7 obstruct includes assault, hinder, resist, attempt to obstruct 8 and threaten to obstruct. 9 624 Impersonating official 10 A person must not impersonate an official. 11 Maximum penalty--100 penalty units. 12 625 Giving official false or misleading information 13 (1) A person must not, in relation to the administration of this 14 Act, give an official information, or a document containing 15 information, that the person knows is false or misleading in a 16 material particular. 17 Maximum penalty--100 penalty units. 18 (2) Subsection (1) applies to information or a document given in 19 relation to the administration of this Act whether or not the 20 information or document was given in response to a specific 21 power under this Act. 22 Page 418

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 5 Detention and use of reasonable force [s 626] Part 5 Detention and use of 1 reasonable force 2 626 Classified patient (voluntary) may be detained 3 A classified patient (voluntary) may be detained in an 4 authorised mental health service for treatment and care for the 5 person's mental illness. 6 627 Detention of person in authorised mental health service 7 with use of reasonable force 8 (1) This section applies if, under a provision of this Act, a person 9 is required or permitted to be detained in an authorised mental 10 health service. 11 (2) The administrator of the authorised mental health service, and 12 anyone lawfully helping the administrator, may exercise the 13 power to detain the person in the service with the help, and 14 using the force, that is necessary and reasonable in the 15 circumstances. 16 628 Detention of person in public sector health service 17 facility with use of reasonable force 18 (1) This section applies if, under a provision of this Act, a person 19 is required or permitted to be detained in a public sector health 20 service facility, other than an authorised mental health 21 service. 22 (2) The person in charge of the public sector health service 23 facility, and anyone lawfully helping the person in charge, 24 may exercise the power to detain the person in the public 25 sector health service facility with the help, and using the 26 force, that is necessary and reasonable in the circumstances. 27 Page 419

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 5 Detention and use of reasonable force [s 629] 629 Examination or assessment of involuntary patient 1 without consent and with use of reasonable force 2 (1) This section applies to an involuntary patient. 3 (2) Subject to this Act, an examination or assessment of the 4 patient may be made under this Act without the consent of the 5 patient or anyone else. 6 (3) A person lawfully making, or lawfully helping to make, an 7 examination or assessment of the patient in an authorised 8 mental health service or public sector health service facility 9 may use the force that is necessary and reasonable in the 10 circumstances to make, or help make, the examination or 11 assessment. 12 Notes-- 13 1 See section 33 for the use of force in relation to a person subject to 14 an examination authority. 15 2 See the Guardianship and Administration Act 2000, sections 63 and 16 75 for carrying out urgent health care and the use of force to carry 17 out health care authorised under that Act. 18 630 Treatment and care of patient without consent and with 19 use of reasonable force 20 (1) This section applies to the following (each a patient)-- 21 (a) an involuntary patient subject to a treatment authority, 22 forensic order or treatment support order; 23 (b) a person from another State detained in an authorised 24 mental health service under section 366(4). 25 (2) Subject to this Act, treatment and care for the patient's mental 26 illness may be provided to the patient under this Act without 27 the consent of the patient or anyone else. 28 (3) A person lawfully providing, or lawfully helping to provide, 29 treatment and care to the patient in an authorised mental 30 health service or public sector health service facility may use 31 the force that is necessary and reasonable in the circumstances 32 to provide, or help provide, the treatment and care. 33 Page 420

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 6 Evidence and legal proceedings [s 631] (4) To remove any doubt, it is declared that this section does not 1 authorise the provision of treatment and care to an involuntary 2 patient that is inconsistent with this Act. 3 Example of treatment and care that is inconsistent with this Act-- 4 a doctor performing electroconvulsive therapy on a person other than 5 under section 235 or 236. 6 631 Relationship with use of physical restraint 7 This part is subject to section 269. 8 Part 6 Evidence and legal 9 proceedings 10 632 Evidentiary aids 11 (1) This section applies to a proceeding under this Act. 12 (2) The following must be presumed unless a party to the 13 proceeding, by reasonable notice, requires proof of it-- 14 (a) the chief psychiatrist's appointment; 15 (b) an appointment of the administrator of an authorised 16 mental health service; 17 (c) an authorised doctor's appointment; 18 (d) an authorised mental health practitioner's appointment; 19 (e) an appointment under section 339 of a health 20 practitioner to perform particular functions; 21 (f) an inspector's appointment; 22 (g) an authorised person's appointment; 23 (h) the authority of any of the following persons to do 24 anything under this Act-- 25 Page 421

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 6 Evidence and legal proceedings [s 632] (i) the Minister; 1 (ii) the chief psychiatrist; 2 (iii) the administrator of an authorised mental health 3 service; 4 (iv) an authorised doctor; 5 (v) an authorised mental health practitioner; 6 (vi) a health practitioner appointed under section 339 to 7 perform particular functions; 8 (vii) an inspector; 9 (viii) an authorised person. 10 (3) A signature purporting to be the signature of any of the 11 following persons is evidence of the signature it purports to 12 be-- 13 (a) the Minister; 14 (b) the chief psychiatrist; 15 (c) the president; 16 (d) the administrator of an authorised mental health service; 17 (e) an authorised doctor; 18 (f) an authorised mental health practitioner; 19 (g) a health practitioner appointed under section 339 to 20 perform particular functions; 21 (h) an inspector; 22 (i) an authorised person. 23 (4) A certificate purporting to be signed by the chief psychiatrist 24 and stating any of the following matters is evidence of the 25 matter-- 26 (a) a stated document is a copy of a document made, given 27 or issued under this Act, including, for example, an 28 authority, order, notice, declaration, direction or 29 decision; 30 Page 422

Mental Health Bill 2015 Chapter 15 Suspension of criminal proceedings, offences and other legal matters Part 6 Evidence and legal proceedings [s 633] (b) on a stated day, or during a stated period, a stated person 1 was or was not an involuntary patient, a stated type of 2 involuntary patient or a classified patient (voluntary); 3 (c) a stated place is, or was on a stated day or during a 4 stated period, an authorised mental health service or 5 stated type of authorised mental health service; 6 (d) on a stated day, a stated person was given or issued a 7 stated document under this Act, including, for example, 8 an authority, order, notice, declaration, direction or 9 decision; 10 (e) on a stated day, a stated requirement was made of a 11 stated person; 12 (f) a stated document is a copy of a part of a register kept 13 under this Act. 14 (5) A document purporting to be signed by a member or the 15 executive officer of the tribunal and to be an order or decision, 16 or copy of an order or decision, of the tribunal, is evidence of 17 the order or decision. 18 633 Proceedings for offences 19 (1) A proceeding for an offence against this Act must be taken in 20 a summary way under the Justices Act 1886. 21 (2) The proceeding must start within the later of-- 22 (a) 1 year after the offence is committed; or 23 (b) 1 year after the offence comes to the complainant's 24 knowledge, but within 2 years after the offence is 25 committed. 26 Page 423

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 634] Chapter 16 Establishment and 1 administration of court and 2 tribunal 3 Part 1 Mental Health Court 4 Division 1 Preliminary 5 634 Purpose of pt 1 6 The purpose of this part is to provide for the following-- 7 (a) the continuation of the Mental Health Court, as formerly 8 established under the repealed Mental Health Act 2000; 9 (b) the constitution, jurisdiction and powers of the court; 10 (c) procedural provisions for proceedings of the court; 11 (d) the review of the detention of particular persons in an 12 authorised mental health service or the forensic 13 disability service. 14 Division 2 Continuation, constitution, 15 jurisdiction and powers 16 635 Continuation of Mental Health Court 17 (1) The Mental Health Court, as formerly established as a 18 superior court of record by the repealed Mental Health Act 19 2000, section 381 is continued in existence. 20 (2) The court has a seal that must be judicially noticed. 21 (3) The court consists of the president and other members of the 22 court. 23 Page 424

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 636] 636 Constitution 1 (1) The Mental Health Court is constituted by a member of the 2 court sitting alone. 3 (2) In exercising jurisdiction under this Act, the court must be 4 assisted by 1 or 2 assisting clinicians. 5 (3) However, subsection (2) does not apply to-- 6 (a) a directions hearing; or 7 (b) a hearing that is only about a question of law. 8 (4) If the court is assisted by 2 assisting clinicians for a hearing, 9 the assisting clinicians must be-- 10 (a) for a hearing other than a hearing relating to a person 11 who has an intellectual disability--2 psychiatrists; or 12 (b) for a hearing relating to a person who has an intellectual 13 disability-- 14 (i) 2 psychiatrists; or 15 (ii) 1 psychiatrist and 1 person with expertise in the 16 care of persons who have an intellectual disability. 17 (5) If the court is assisted by 1 assisting clinician for a hearing, 18 the assisting clinician must be-- 19 (a) for a hearing other than a hearing relating to a person 20 who has an intellectual disability--1 psychiatrist; or 21 (b) for a hearing relating to a person who has an intellectual 22 disability-- 23 (i) 1 psychiatrist; or 24 (ii) 1 person with expertise in the care of persons who 25 have an intellectual disability. 26 (6) The president must decide, for a hearing other than a hearing 27 mentioned in subsection (3)-- 28 (a) whether the court is to be assisted by 1 or 2 assisting 29 clinicians, and the assisting clinicians who are to assist 30 the court; or 31 Page 425

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 637] (b) if a hearing is adjourned under subsection (7)--whether 1 the court is to be assisted by a second assisting clinician 2 and, if so, the second assisting clinician who is to assist 3 the court. 4 (7) If the court is assisted by 1 assisting clinician and the member 5 constituting the court considers, because of the nature of the 6 evidence or issues arising in the proceeding, that it would be 7 beneficial for the court to be assisted by 2 assisting clinicians, 8 the member may adjourn the hearing-- 9 (a) if the member is the president--to decide the second 10 assisting clinician for the hearing; or 11 (b) otherwise--to allow the president to decide whether the 12 court should be assisted for the hearing by a second 13 assisting clinician. 14 637 Jurisdiction 15 (1) The Mental Health Court has jurisdiction to hear and decide-- 16 (a) references under chapter 5; and 17 (b) appeals under chapter 13, part 3; and 18 (c) reviews under division 9 of the detention of persons in 19 authorised mental health services or the forensic 20 disability service. 21 (2) In exercising its jurisdiction, the court-- 22 (a) must inquire into the matter before it; and 23 (b) may inform itself in relation to the matter before it in 24 any way it considers appropriate. 25 (3) The court's jurisdiction is not limited, by implication, by a 26 provision of this or another Act. 27 (4) A member of the court retains all of the member's jurisdiction 28 as a Supreme Court judge. 29 Page 426

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 638] 638 Powers 1 Without limiting the powers conferred on it under this or 2 another Act, the Mental Health Court may do all things 3 necessary or convenient to be done for the exercise of its 4 jurisdiction. 5 Division 3 Membership 6 639 Appointment of members 7 (1) The Governor in Council may, by commission, appoint a 8 Supreme Court judge to be a member of the Mental Health 9 Court. 10 (2) The judge is appointed for the term, of not more than 3 years, 11 stated in the commission. 12 640 Appointment does not affect judge's tenure of office 13 (1) The appointment of, or service by, the judge as a member of 14 the Mental Health Court does not affect-- 15 (a) the person's tenure of office as a judge; or 16 (b) the person's rank, title, status, precedence, salary, 17 annual or other allowances or other rights or privileges 18 as the holder of the person's office as a judge. 19 (2) The person's service as a member of the court is taken to be 20 service as a Supreme Court judge for all purposes. 21 641 Resignation of office 22 (1) The judge may resign as a member of the Mental Health Court 23 by signed notice of resignation given to-- 24 (a) if the judge is the Chief Justice--the Governor; or 25 (b) otherwise--the Chief Justice. 26 Page 427

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 642] (2) The notice takes effect when it is given under subsection (1) 1 or, if a later time is stated in the notice, at the later time. 2 642 When member's office ends 3 (1) The judge holds office as a member of the Mental Health 4 Court until the earlier of the following days-- 5 (a) the day the person's appointment as a member of the 6 court ends; 7 (b) if the person resigns as a member of the court--the day 8 the notice of resignation takes effect under section 641; 9 (c) the day the person ceases to be a Supreme Court judge. 10 (2) However, if the judge ceases to hold office as a member of the 11 court while hearing a matter, the Governor in Council may, 12 without reappointing the person as a member of the court, 13 continue the person in office for the time necessary to enable 14 the hearing to be completed. 15 (3) The person continued in office may exercise the jurisdiction 16 and powers of the court that are necessary or convenient for 17 the hearing to be completed. 18 Division 4 President 19 643 Appointment of president 20 (1) The Governor in Council is to appoint a member of the 21 Mental Health Court to be the president. 22 (2) A person may be appointed as the president at the same time 23 the person is appointed as a member of the court. 24 644 Arrangement of business 25 (1) The president is responsible for the administration of the 26 Mental Health Court and for ensuring the orderly and 27 Page 428

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 645] expeditious exercise of the jurisdiction and powers of the 1 court. 2 (2) The president has power to do all things necessary or 3 convenient to be done for the administration of the court and 4 for ensuring the orderly and expeditious exercise of the 5 jurisdiction and powers of the court. 6 645 President holds office while member of court 7 The president holds office as the president while he or she is a 8 member of the Mental Health Court. 9 646 Delegation of particular powers 10 The president may delegate, to another member of the Mental 11 Health Court, the president's powers under section 636(6). 12 647 Resignation of office 13 (1) The president may resign as president by signed notice of 14 resignation given to-- 15 (a) if the president is the Chief Justice--the Governor; or 16 (b) otherwise--the Chief Justice. 17 (2) The notice takes effect when it is given under subsection (1) 18 or, if a later time is stated in the notice, at the later time. 19 (3) Resignation as the president does not affect the person's 20 membership of the Mental Health Court. 21 648 Appointment of acting president 22 The Governor in Council may appoint a member of the 23 Mental Health Court to act as the president-- 24 (a) for any period the office is vacant; or 25 Page 429

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 649] (b) for any period, or all periods, when the president is 1 absent from duty or from Queensland or, for another 2 reason, can not perform the duties of the office. 3 Division 5 Assisting clinicians 4 649 Functions 5 (1) The functions of an assisting clinician are to-- 6 (a) examine material received for a hearing to identify 7 matters requiring further examination and to make 8 recommendations to the Mental Health Court about the 9 matters; and 10 (b) make recommendations about the making of court 11 examination orders under section 666; and 12 (c) assist the court by advising it-- 13 (i) on the meaning and significance of clinical 14 evidence; and 15 (ii) about clinical issues relating to the treatment, care 16 and detention of persons under this Act; and 17 (d) assisting the court and the registry by advising them 18 about matters relating to the hearing of proceedings or 19 the administration of the court. 20 (2) However, an assisting clinician's functions are limited to 21 matters within the clinician's professional expertise. 22 650 Appointment 23 (1) The Governor in Council may, on the recommendation of the 24 Minister, appoint a following person (an assisting clinician) 25 by gazette notice to assist the Mental Health Court-- 26 (a) a psychiatrist; 27 Page 430

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 651] (b) a person with expertise in the care of persons who have 1 an intellectual disability. 2 (2) In recommending a person for appointment as an assisting 3 clinician, the Minister must be satisfied the person has the 4 qualifications and experience necessary to perform an 5 assisting clinician's functions. 6 (3) An assisting clinician holds office for the term, of not more 7 than 3 years, stated in the gazette notice. 8 (4) An assisting clinician is to be appointed under this Act and not 9 under the Public Service Act 2008. 10 651 Conditions of appointment 11 (1) An assisting clinician is entitled to be paid the remuneration 12 and allowances decided by the Governor in Council. 13 (2) An assisting clinician holds office on the terms and 14 conditions, not provided for under this Act, decided by the 15 Governor in Council. 16 652 Resignation 17 An assisting clinician may resign by signed notice given to the 18 Minister. 19 653 Termination of appointment 20 (1) The Governor in Council may terminate the appointment of 21 an assisting clinician if the Governor in Council is satisfied 22 the assisting clinician-- 23 (a) has become incapable of performing the assisting 24 clinician's duties; or 25 (b) has performed the assisting clinician's duties carelessly, 26 incompetently or inefficiently; or 27 Page 431

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 654] (c) has been guilty of misconduct that could warrant 1 dismissal from the public service if the assisting 2 clinician were a public service officer. 3 (2) The Governor in Council must terminate the appointment of 4 an assisting clinician if the assisting clinician-- 5 (a) no longer has the qualifications or experience necessary 6 to perform an assisting clinician's functions; or 7 Example-- 8 a psychiatrist stops holding specialist registration in the specialty 9 of psychiatry under the Health Practitioner Regulation National 10 Law (Queensland) 2009 11 (b) is convicted of an indictable offence. 12 Division 6 Mental Health Court Registry and 13 registrar 14 654 Mental Health Court Registry 15 (1) There is a Mental Health Court Registry. 16 (2) The registry consists of-- 17 (a) the registrar; and 18 (b) the other staff necessary for the Mental Health Court to 19 exercise its jurisdiction. 20 (3) The registrar and other staff are to be employed under the 21 Public Service Act 2008. 22 655 Registry's functions 23 The registry has the following functions-- 24 (a) to act as the registry for the Mental Health Court; 25 (b) to provide administrative support to the court; 26 Page 432

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 656] (c) any other functions conferred on the registry under this 1 Act. 2 656 Registrar's functions 3 The registrar administers the registry and has the functions 4 conferred on the registrar under this or another Act. 5 657 Registrar's powers--general 6 (1) The registrar has the power to do all things necessary or 7 convenient to be done to perform the registrar's functions. 8 (2) In performing a function or exercising a power, the registrar 9 must comply with a direction relating to the performance or 10 exercise given by-- 11 (a) a member of the Mental Health Court for a proceeding 12 being heard by the member; or 13 (b) the president. 14 658 Registrar's power to issue subpoena 15 (1) For the Mental Health Court exercising its jurisdiction, the 16 registrar may issue a subpoena requiring the person to whom 17 the subpoena is directed-- 18 (a) to produce a stated or described document; or 19 (b) to attend before the court to give evidence. 20 (2) The subpoena may be issued-- 21 (a) on the registrar's own initiative; or 22 (b) at the direction of the court; or 23 (c) at the request of a party to a proceeding. 24 (3) The person to whom the subpoena is directed must comply 25 with the subpoena. 26 Page 433

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 659] (4) Failure to comply with the subpoena without lawful excuse is 1 contempt of court and a person who fails to comply may be 2 dealt with for contempt of court. 3 659 Registrar's power to require administrator to produce 4 document 5 (1) For the Mental Health Court exercising its jurisdiction, the 6 registrar may require the administrator of an authorised 7 mental health service or of the forensic disability service to 8 give the registrar a stated or described document. 9 (2) The requirement must be made by written notice given to the 10 administrator. 11 (3) The administrator must comply with the notice despite an 12 obligation under an Act or law not to give the document or 13 disclose information in the document. 14 660 Registrar's power to require person to be brought before 15 Mental Health Court 16 (1) For the Mental Health Court exercising its jurisdiction, the 17 registrar may-- 18 (a) require the administrator of an authorised mental health 19 service or of the forensic disability service to bring a 20 person for whom the service is responsible before the 21 court at a stated time and place; or 22 (b) require the custodian of a person in lawful custody to 23 bring the person before the court at a stated time and 24 place. 25 (2) The requirement must be made by written notice given to the 26 administrator or custodian. 27 (3) The administrator or custodian must comply with the notice. 28 (4) For subsection (1), an authorised person may-- 29 Page 434

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 661] (a) transport the person from the authorised mental health 1 service or forensic disability service to appear before the 2 court; and 3 (b) on the adjournment of the hearing, transport the person 4 from the court to the authorised mental health service or 5 forensic disability service. 6 Note-- 7 For the powers of an authorised person when detaining and transporting 8 a person, see chapter 11, part 6, division 5. 9 661 Registrar's power to require prosecuting authority to give 10 particular documents 11 (1) For the Mental Health Court exercising its jurisdiction for a 12 reference in relation to a person, the registrar may require the 13 prosecuting authority for the offence to give the registrar-- 14 (a) a written report about the criminal history of the person; 15 or 16 (b) a brief of evidence in relation to the offence. 17 (2) The requirement must be made by written notice given to the 18 prosecuting authority. 19 (3) The prosecuting authority must comply with the notice. 20 (4) Subsection (1) applies to the criminal history in the possession 21 of the prosecuting authority or to which the prosecuting 22 authority has access. 23 662 Delegation by registrar 24 (1) The registrar may delegate a function of the registrar under 25 this or another Act to an appropriately qualified member of 26 the staff of the registry. 27 (2) In this section-- 28 function includes a power. 29 Page 435

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 663] Division 7 Protection and immunities 1 663 Contempt of court 2 (1) The Mental Health Court has all the protection, powers, 3 jurisdiction and authority the Supreme Court has for a 4 contempt of court. 5 (2) The court must comply with the provisions of the Uniform 6 Civil Procedure Rules 1999 relating to contempt of court, 7 with necessary changes. 8 (3) The registrar may apply to the court for an order that a person 9 be committed to prison for contempt of court. 10 (4) The court's jurisdiction to punish a contempt of court may be 11 exercised on the initiative of a member of the court. 12 (5) The court has jurisdiction to punish an act or omission as a 13 contempt of court, even if a penalty is prescribed for the act or 14 omission. 15 664 Conduct that is contempt and offence 16 (1) If conduct of a person is both contempt of the Mental Health 17 Court and an offence, the person may be proceeded against for 18 the contempt or for the offence. 19 (2) However, the person is not liable to be punished twice for the 20 same conduct. 21 665 Protection and immunity for member of Mental Health 22 Court and assisting clinician 23 (1) A member of the Mental Health Court has, in the exercise of 24 jurisdiction under this Act, the same protection and immunity 25 as a Supreme Court judge has in the performance of a judge's 26 functions. 27 (2) An assisting clinician has, in the performance of the assisting 28 clinician's functions under this Act, the same protection and 29 Page 436

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 666] immunity as a Supreme Court judge has in the performance of 1 a judge's functions. 2 Division 8 Court examination orders 3 666 Making of court examination order 4 (1) The Mental Health Court may make an order (a court 5 examination order) requiring the person the subject of a 6 proceeding before the court to submit to an examination by a 7 stated examining practitioner. 8 Note-- 9 A court examination order is a type of judicial order. A judicial order 10 does not authorise the provision of involuntary treatment and care to the 11 person. 12 (2) The court examination order must-- 13 (a) be in the approved form; and 14 (b) state the matters on which the examining practitioner 15 must report to the court. 16 (3) The examining practitioner must give a written report on the 17 examination to the court. 18 667 Recommendation or request for court examination order 19 on reference 20 (1) This section applies if, for a proceeding for a reference in 21 relation to a person, an assisting clinician recommends, or the 22 director of public prosecutions asks, that the Mental Health 23 Court make a court examination order for the person. 24 (2) The registrar must give the parties to the proceeding written 25 notice of the recommendation or request. 26 (3) The notice must state that the parties may make written 27 submissions on the recommendation or request within the 28 reasonable time stated in the notice. 29 Page 437

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 668] (4) The registrar must give the court-- 1 (a) the recommendation or request; and 2 (b) any submission made by a party on it. 3 (5) The director of public prosecutions must pay the costs of an 4 examination requested by the director of public prosecutions. 5 668 Transport, detention and examination of person under 6 court examination order 7 (1) This section applies if the Mental Health Court makes a court 8 examination order for a person the subject of a proceeding 9 before the court. 10 (2) For examining the person, the order may authorise an 11 authorised person to transport the person to an inpatient unit 12 of a stated authorised mental health service. 13 Note-- 14 For the powers of an authorised person when detaining and transporting 15 a person, see chapter 11, part 6, division 5. 16 (3) However, the court may make an order under subsection (2) 17 only if the court is satisfied there is no other reasonably 18 practicable way to ensure a thorough examination of the 19 person's mental condition. 20 (4) The person may be detained in the authorised mental health 21 service for the examination for-- 22 (a) if the order states a period of more than 3 days--the 23 stated period; or 24 (b) otherwise--not more than 3 days. 25 (5) The examining practitioner may examine the person without 26 the consent of the person or anyone else. 27 (6) Also, the examining practitioner, or anyone lawfully helping 28 the examining practitioner, may use the force that is necessary 29 and reasonable in the circumstances to examine the person. 30 Page 438

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 669] 669 What happens at end of examination 1 (1) This section applies after the end of the time allowed for the 2 person's examination or on the earlier completion of the 3 person's examination. 4 (2) If the person was taken from lawful custody for the 5 examination, an authorised person may transport the person 6 from the authorised mental health service to the person's 7 place of custody. 8 Note-- 9 For the powers of an authorised person when detaining and transporting 10 a person, see chapter 11, part 6, division 5. 11 (3) If the person was not taken from another authorised mental 12 health service or the forensic disability service, or from lawful 13 custody, for the examination, the administrator of the 14 authorised mental health service in which the person is 15 detained must ensure arrangements are made for the person to 16 be transported to-- 17 (a) the place from which the person was taken for the 18 examination; or 19 (b) another place to which the person reasonably asks to be 20 taken. 21 (4) The person may be detained in the authorised mental health 22 service until the person is transported, under subsection (2), 23 from the service. 24 (5) Subsections (2) and (3) do not apply if the person is, or 25 becomes-- 26 (a) an involuntary patient who may be detained in an 27 authorised mental health service or the forensic 28 disability service; or 29 (b) a classified patient (voluntary). 30 Page 439

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 670] Division 9 Reviews of detention in authorised 1 mental health service or forensic 2 disability service 3 670 Definitions for div 9 4 In this division-- 5 appointed person see section 675. 6 relevant service means-- 7 (a) an authorised mental health service; or 8 (b) the forensic disability service. 9 671 Power to review detention 10 (1) The Mental Health Court may, on application by a prescribed 11 person or on its own initiative, review a person's detention in a 12 relevant service to decide whether the person's detention is 13 lawful. 14 (2) However, subsection (1) does not apply if the person's 15 detention in the relevant service has been ordered by the 16 Mental Health Court. 17 (3) An application for review must-- 18 (a) be in the approved form; and 19 (b) state the grounds on which it is made. 20 (4) In this section-- 21 prescribed person means the following-- 22 (a) a person who is detained in a relevant service; 23 (b) an interested person for the person mentioned in 24 paragraph (a); 25 (c) the Attorney-General. 26 Page 440

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 672] 672 Notice of hearing 1 (1) The registrar must give each of the following persons written 2 notice of the hearing of a review of a person's detention in a 3 relevant service-- 4 (a) the person who is detained in the relevant service; 5 (b) if the person is not the applicant--the applicant; 6 (c) the administrator of the relevant service; 7 (d) if the relevant service is an authorised mental health 8 service--the chief psychiatrist; 9 (e) if the relevant service is the forensic disability 10 service--the director of forensic disability; 11 (f) the Attorney-General. 12 (2) The notice must be given at least 7 days before the hearing. 13 (3) The notice must state the following-- 14 (a) the time and place of the hearing; 15 (b) the nature of the hearing; 16 (c) the person's rights at the hearing. 17 673 Parties to proceeding 18 (1) The parties to the proceeding for the review are-- 19 (a) the person who is detained in the relevant service; and 20 (b) if the person is not the applicant--the applicant; and 21 (c) if the relevant service is an authorised mental health 22 service--the chief psychiatrist; and 23 (d) if the relevant service is the forensic disability 24 service--the director of forensic disability. 25 (2) Also, the Attorney-General may elect to be a party to the 26 proceeding. 27 Page 441

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 674] (3) An election under subsection (2) must be made by filing a 1 notice in the registry. 2 674 Consideration of application 3 (1) The Mental Health Court must consider the application as 4 soon as practicable after it is made. 5 (2) The court may refuse the application if the court is satisfied 6 the application-- 7 (a) may more properly be dealt with by the tribunal on a 8 review under chapter 12; or 9 (b) is frivolous or vexatious. 10 675 Appointment of person to inquire into detention 11 For reviewing a person's detention in a relevant service, the 12 Mental Health Court may, by order, direct a stated person (the 13 appointed person) to inquire into, and report to the court on, 14 the person's detention in the service. 15 676 Administrator to ensure help given to appointed person 16 The administrator of the relevant service must ensure the 17 appointed person is given reasonable help to carry out the 18 inquiry. 19 677 General powers of appointed person 20 (1) For carrying out the inquiry, the appointed person may 21 exercise 1 or more of the following powers-- 22 (a) enter the relevant service; 23 (b) examine the person who is detained in the relevant 24 service; 25 (c) search any part of the relevant service; 26 Page 442

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 678] (d) inspect, examine, test, measure, photograph or film any 1 part of the relevant service or any documents or other 2 thing in the service; 3 (e) take extracts from, or make copies of, any documents in 4 the relevant service; 5 (f) take into the relevant service any persons, equipment 6 and materials the appointed person reasonably requires 7 for exercising powers in relation to the service. 8 (2) The appointed person may exercise a power under subsection 9 (1) with the help, and using the force, that is necessary and 10 reasonable in the circumstances. 11 678 Appointed person's power to ask questions 12 (1) The appointed person may require another person to answer a 13 question about the person's detention. 14 (2) When making the requirement, the appointed person must 15 warn the other person it is an offence to fail to comply with 16 the requirement unless the person has a reasonable excuse. 17 (3) The person must comply with the requirement unless the 18 person has a reasonable excuse. 19 Maximum penalty--100 penalty units. 20 (4) It is a reasonable excuse for the person to fail to answer the 21 question if complying with the requirement might tend to 22 incriminate the person. 23 (5) The person does not commit an offence against subsection (3) 24 if the information sought by the appointed person is not in fact 25 relevant to the person's detention. 26 679 Mental Health Court may direct person's discharge 27 (1) This section applies if, after considering the evidence before 28 it, including any report prepared by the appointed person, the 29 Mental Health Court is satisfied the person's detention in the 30 relevant service is unlawful. 31 Page 443

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 680] (2) The court must, by order, direct that the person be 1 immediately discharged from the relevant service. 2 (3) The administrator of the relevant service must ensure the 3 order is complied with. 4 680 Other remedies not affected 5 This division does not limit any other remedy available to the 6 person. 7 Division 10 Procedural provisions 8 681 General right of appearance and representation 9 A party to a proceeding in the Mental Health Court may-- 10 (a) appear in person at the hearing of the proceeding; or 11 (b) be represented at the hearing by-- 12 (i) a lawyer; or 13 (ii) with the leave of the court, a person who is not a 14 lawyer. 15 682 Evidence 16 (1) In conducting a proceeding, the Mental Health Court is not 17 bound by the rules of evidence unless the court decides it is in 18 the interests of justice that it be bound for the proceeding or a 19 part of the proceeding. 20 (2) The court may make the decision on application by a party to 21 the proceeding or on its own initiative. 22 683 Proof of matters 23 (1) No party to a proceeding bears the onus of proof of any matter 24 in the proceeding. 25 Page 444

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 684] (2) A matter to be decided by the Mental Health Court must be 1 decided on the balance of probabilities. 2 684 Directions 3 The Mental Health Court may give directions about the 4 hearing of a proceeding. 5 Note-- 6 See also the Evidence Act 1977, part 3A. The stated purposes of the part 7 include the facilitation of the giving and receiving of evidence, and the 8 making and receiving of submissions, in Queensland court proceedings 9 by audio visual link or audio link. 10 685 Assisting clinician's advice before or during adjournment 11 of hearing 12 (1) This section applies to advice given by an assisting clinician 13 to the Mental Health Court-- 14 (a) before the hearing of a proceeding starts; or 15 (b) during an adjournment of the hearing of a proceeding, 16 other than an adjournment for the court to make its 17 decision. 18 (2) During the hearing, the court must inform each party to the 19 proceeding of the advice unless the party tells the court it does 20 not require the information. 21 (3) However, this section does not apply to advice mentioned in 22 section 649(1)(d) that an assisting clinician gives the court. 23 686 Assisting clinician's advice during hearing 24 (1) Advice given by an assisting clinician to the Mental Health 25 Court during the hearing of a proceeding must be given in a 26 way that can be heard by the parties to the proceeding. 27 (2) However, this section does not apply to advice mentioned in 28 section 649(1)(d). 29 Page 445

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 687] 687 Particular advice of assisting clinician to be stated in 1 reasons for decision 2 (1) This section applies if the Mental Health Court is satisfied 3 advice given by an assisting clinician to the court materially 4 contributed to the court's decision in a proceeding. 5 (2) The court must state the advice in the court's reasons for its 6 decision. 7 688 When court may conduct hearing in absence of person 8 The Mental Health Court may conduct the hearing of a 9 proceeding in the absence of the person who is the subject of 10 the proceeding only if the court is satisfied it is expedient and 11 in the interests of justice to do so. 12 689 Appointing assistant 13 The Mental Health Court may appoint a person with 14 appropriate knowledge or experience to assist it in a hearing, 15 including, for example, a person with appropriate 16 communication skills or appropriate cultural or social 17 knowledge or experience. 18 690 Court may sit and adjourn hearing 19 The Mental Health Court may, subject to the court rules-- 20 (a) sit at any time and in any place for the hearing of a 21 proceeding; and 22 (b) adjourn the hearing of a proceeding to any time and 23 place. 24 691 Hearing of reference generally open to public 25 (1) The hearing of a proceeding for a reference is open to the 26 public unless the Mental Health Court, by order, directs that 27 the hearing or part of the hearing not be open to the public. 28 Page 446

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 692] (2) However, the court may make an order directing that the 1 hearing or part of the hearing not be open to the public only if 2 the court is satisfied it is in the interests of justice. 3 (3) This section is subject to section 693. 4 692 Particular hearings not generally open to public 5 (1) This section applies to the following proceedings-- 6 (a) an appeal under chapter 13 to the Mental Health Court; 7 (b) a review under division 9 of the detention of a person. 8 (2) The hearing of the proceeding must not be open to the public 9 unless the court, by order, directs that the hearing or part of 10 the hearing be open to the public. 11 (3) However, the court may make an order directing that a 12 hearing or part of a hearing be open to the public only if the 13 court is satisfied-- 14 (a) the person the subject of the proceeding has agreed to 15 the order; and 16 (b) the order will not result in serious harm to the person's 17 health or risk the safety of anyone else. 18 (4) This section is subject to section 693. 19 693 Hearing about minor not open to public 20 (1) This section applies if a minor is the subject of a proceeding in 21 the Mental Health Court. 22 (2) The hearing of the proceeding is not open to the public. 23 (3) However, the court may permit a person to be present during 24 the hearing if the court is satisfied it is in the interests of 25 justice. 26 Page 447

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 694] 694 Confidentiality order 1 (1) In a proceeding, the Mental Health Court may, by order (a 2 confidentiality order), prohibit or restrict the disclosure of 3 any of the following to the person the subject of the 4 proceeding-- 5 (a) information given before it; 6 (b) matters contained in documents filed with, or received 7 by, it; 8 (c) the reasons for its decision in the proceeding. 9 (2) However, the court may make a confidentiality order only if 10 satisfied the disclosure would-- 11 (a) cause serious harm to the health of the person; or 12 (b) put the safety of someone else at serious risk. 13 (3) If the court makes a confidentiality order, the court must-- 14 (a) disclose to the person's lawyer, or another representative 15 of the person, the information or matters mentioned in 16 subsection (1) to which the order relates; and 17 (b) give the lawyer or other representative written reasons 18 for the order. 19 Note-- 20 For the person's general right of representation, see section 681. 21 (4) If the person is not represented at the hearing of the 22 proceeding by a lawyer or another representative, the court 23 must ensure a lawyer or another representative is appointed 24 for subsection (3). 25 (5) A person must not contravene a confidentiality order unless 26 the person has a reasonable excuse. 27 Maximum penalty for subsection (5)--200 penalty units. 28 Page 448

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 695] 695 Costs 1 Each party to a proceeding in the Mental Health Court is to 2 bear the party's own costs of the proceeding. 3 696 Death or incapacity of member after hearing started 4 (1) This section applies if, after a member of the Mental Health 5 Court starts to hear a proceeding, the member dies or becomes 6 incapable of continuing to hear the proceeding. 7 (2) A party to the proceeding may, after giving at least 7 days 8 written notice to each other party to the proceeding, apply to 9 the president for an order directing the action to be taken in 10 the proceeding. 11 (3) The president may, on the application or on the president's 12 own initiative, after consulting with the parties to the 13 proceeding-- 14 (a) order the proceeding be reheard; or 15 (b) adjourn the proceeding to allow the incapacitated 16 member of the court to continue when able; or 17 (c) with the consent of the parties, make an order the 18 president considers appropriate about-- 19 (i) deciding the proceeding; or 20 (ii) completing the hearing and deciding the 21 proceeding. 22 (4) If, under subsection (3)(a), a proceeding is reheard, the first 23 hearing is taken not to have happened. 24 (5) An order mentioned in subsection (3)(c) is taken to be a 25 decision of the Mental Health Court. 26 Page 449

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 1 Mental Health Court [s 697] Division 11 Rules and practice 1 697 Rule-making power 2 (1) The Governor in Council may make rules under this Act. 3 (2) However, rules relating to the Mental Health Court or the 4 registry may be made only with the consent of the president. 5 (3) Rules may be made about the following matters-- 6 (a) the practice and procedure for proceedings in the court; 7 (b) fees and expenses payable to witnesses; 8 (c) fees and costs payable in relation to proceedings in the 9 court and the party by or to whom they are to be paid; 10 (d) service of process, notices, orders or other things on 11 parties and other persons. 12 (4) Rules made under this section are rules of court. 13 698 Directions about practice 14 (1) Subject to this Act and the court rules, the practice and 15 procedure of the Mental Health Court are as directed by the 16 president. 17 (2) If this Act or the rules do not provide or sufficiently provide 18 for a particular matter, an application for directions may be 19 made to the president. 20 Division 12 Miscellaneous 21 699 Annual report 22 (1) Within 90 days after the end of each financial year, the 23 president must prepare and give the Minister a report on the 24 operations of the Mental Health Court and the registry during 25 the year. 26 Page 450

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 700] (2) The report must also contain the other information required by 1 the Minister. 2 (3) The Minister must table a copy of the report in the Legislative 3 Assembly within 14 days after the day the Minister receives 4 it. 5 Part 2 Mental Health Review Tribunal 6 Division 1 Preliminary 7 700 Purpose of pt 2 8 The purpose of this part is to provide for the following-- 9 (a) the continuation of the Mental Health Review Tribunal, 10 as formerly established under the repealed Mental 11 Health Act 2000; 12 (b) the constitution, jurisdiction and powers of the tribunal; 13 (c) procedural provisions for proceedings of the tribunal. 14 701 Definition for pt 2 15 In this part-- 16 party, to a proceeding-- 17 (a) for a proceeding under chapter 12--means a person who 18 has a right to appear in person at the hearing of the 19 proceeding; or 20 (b) for an appeal to the tribunal under chapter 13--see 21 section 530. 22 Page 451

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 702] Division 2 Continuation, jurisdiction and 1 powers 2 702 Continuation of Mental Health Review Tribunal 3 (1) The Mental Health Review Tribunal, as formerly established 4 under the repealed Mental Health Act 2000, section 436, is 5 continued in existence. 6 (2) The tribunal consists of the president, the deputy president 7 and other members. 8 703 Jurisdiction and independence 9 (1) The tribunal has jurisdiction to-- 10 (a) review the following under chapter 12-- 11 (i) treatment authorities; 12 (ii) forensic orders; 13 (iii) treatment support orders; 14 (iv) a person's fitness for trial; 15 (v) the detention of a minor in a high security unit; and 16 (b) hear applications for the following-- 17 (i) examination authorities; 18 (ii) approvals of regulated treatment; 19 (iii) approvals of transfers of particular patients into 20 and out of Queensland; and 21 (c) decide appeals under chapter 13, part 2. 22 (2) In exercising its jurisdiction, the tribunal-- 23 (a) must act independently; and 24 (b) is not subject to direction or control by any entity, 25 including any Minister. 26 Page 452

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 704] 704 Powers 1 (1) The tribunal may do all things necessary or convenient to be 2 done for, or in relation to, exercising its jurisdiction. 3 (2) Without limiting subsection (1), the tribunal has the powers 4 conferred on it under this Act. 5 Division 3 Members and staff of tribunal 6 705 Appointment of members 7 (1) The president is to be appointed by the Governor in Council 8 on a full-time basis. 9 (2) The deputy president and other members are to be appointed 10 by the Governor in Council on a full-time or part-time basis. 11 (3) A person is eligible for appointment as the president or deputy 12 president only if the person-- 13 (a) is a lawyer of at least 7 years standing; and 14 (b) has, in the Minister's opinion, sufficient knowledge of 15 administrative law and this Act. 16 (4) A person is eligible for appointment as another member only 17 if-- 18 (a) the person-- 19 (i) is a lawyer of at least 5 years standing; or 20 (ii) is a psychiatrist; or 21 (iii) has other qualifications and experience the 22 Minister considers relevant to exercising the 23 tribunal's jurisdiction; and 24 (b) the Minister is satisfied the person has the competencies 25 developed by the president under section 712(3). 26 (5) In recommending a person for appointment as a member, the 27 Minister must have regard to-- 28 Page 453

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 706] (a) the need for a balanced gender representation in the 1 membership of the tribunal; and 2 (b) the range and experience of members; and 3 (c) the need for the membership of the tribunal to reflect the 4 social and cultural diversity of the general community. 5 (6) Also, in recommending a person for appointment as a 6 member, if the Minister is not responsible for administering 7 the Forensic Disability Act, the Minister must consult with the 8 Minister responsible for administering that Act. 9 (7) Members are appointed under this Act and not under the 10 Public Service Act 2008. 11 706 Duration of appointment 12 (1) The president holds office for the term, of not more than 5 13 years, stated in the president's instrument of appointment. 14 (2) The deputy president or another member holds office for the 15 term, of not more than 3 years, stated in the member's 16 instrument of appointment. 17 707 Terms of appointment 18 (1) A member is entitled to be paid the remuneration and 19 allowances decided by the Governor in Council. 20 (2) For matters not provided for by this Act, a member holds 21 office on the terms and conditions decided by the Governor in 22 Council. 23 708 Resignation 24 A member may resign by signed notice given to the Minister. 25 Page 454

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 709] 709 Termination of appointment 1 (1) The Governor in Council may terminate the appointment of a 2 member if the Governor in Council is satisfied the member-- 3 (a) has become incapable of satisfactorily performing the 4 member's functions; or 5 (b) has performed the member's functions carelessly, 6 incompetently or inefficiently; or 7 (c) has been guilty of misconduct that could warrant 8 dismissal from the public service if the member were a 9 public service officer. 10 (2) The Governor in Council must terminate the appointment of a 11 member if the member-- 12 (a) ceases to be eligible for appointment as a member; or 13 (b) is convicted of an indictable offence. 14 710 Deputy president to act as president 15 The deputy president is to act in the office of the president 16 during-- 17 (a) any period the office is vacant; or 18 (b) all periods when the president is absent from duty or 19 from Queensland or, for another reason, can not perform 20 the functions of the office. 21 711 Executive officer and other staff 22 (1) There is to be an executive officer of the tribunal and other 23 staff necessary for the tribunal to exercise its jurisdiction. 24 (2) The executive officer and other staff are appointed under the 25 Public Service Act 2008. 26 (3) The president is responsible for the organisational unit made 27 up of the staff of the tribunal and for the organisational unit's 28 efficient and effective administration and operation. 29 Page 455

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 712] (4) In performing a function or exercising a power under this Act, 1 the executive officer and other staff of the tribunal are subject 2 to the direction and control of the president. 3 712 President's functions generally 4 (1) The functions of the president include-- 5 (a) ensuring the quick and efficient discharge of the 6 tribunal's business; and 7 (b) giving directions about-- 8 (i) the arrangement of the tribunal's business; and 9 (ii) the number of members to constitute the tribunal 10 for a particular hearing; and 11 (iii) the members who are to constitute the tribunal for 12 a particular hearing; and 13 (iv) the places and times the tribunal is to sit; and 14 (c) other functions conferred on the president under this 15 Act. 16 (2) Also, the president must ensure the members are adequately 17 and appropriately trained to enable the tribunal to perform its 18 functions effectively and efficiently. 19 (3) For subsection (2), the president must develop competencies 20 in the following-- 21 (a) administrative law; 22 (b) the operation of this Act; 23 (c) mental health and intellectual disability issues, 24 including forensic mental health and forensic disability 25 issues. 26 (4) A direction mentioned in subsection (1) must not be 27 inconsistent with this Act. 28 Page 456

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 713] 713 President's powers 1 (1) The president has the powers given under this Act. 2 (2) Also, the president may do all things necessary or convenient 3 to be done to perform the president's functions. 4 Division 4 Constitution of tribunal for hearings 5 714 Particular proceedings 6 (1) This section applies to-- 7 (a) a proceeding for a review under chapter 12; or 8 (b) a proceeding for hearing an application under-- 9 (i) chapter 12, part 9, division 1 for approval to 10 perform electroconvulsive therapy on a person; or 11 (ii) chapter 12, part 10, division 1 for approval of the 12 transfer into Queensland of a person subject to an 13 interstate forensic order; or 14 (iii) chapter 12, part 10, division 2 for approval of the 15 transfer out of Queensland of a person subject to a 16 forensic order (mental health), forensic order 17 (disability) or treatment support order; or 18 (c) an appeal under chapter 13, part 2. 19 (2) The tribunal must be constituted by at least 3, but not more 20 than 5, members of whom-- 21 (a) at least 1 must be a lawyer; and 22 (b) at least 1 must be a psychiatrist or, if a psychiatrist is not 23 readily available but another doctor is available, another 24 doctor; and 25 (c) at least 1 person who is not a lawyer or doctor. 26 (3) However, for a proceeding for a review of a treatment 27 authority for a person or for hearing an application for 28 approval to perform electroconvulsive therapy on a person, the 29 Page 457

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 715] tribunal may be constituted by fewer than 3 members if the 1 president is satisfied-- 2 (a) it is appropriate, expedient and in the person's best 3 interests to do so; and 4 (b) for hearing an application for approval to perform 5 electroconvulsive therapy on a 6 person--electroconvulsive therapy has been performed 7 on the person under section 236 or approval to perform 8 electroconvulsive therapy on the person is required 9 urgently. 10 715 Application for examination authority 11 (1) This section applies to a proceeding for hearing an application 12 under chapter 12, part 8 for an examination authority. 13 (2) The tribunal must be constituted by at least 1 member who is a 14 lawyer. 15 716 Application for approval to perform non-ablative 16 neurosurgical procedure 17 (1) This section applies to a proceeding for hearing an application 18 under chapter 12, part 9, division 2 for approval to perform a 19 non-ablative neurosurgical procedure on a person. 20 (2) The tribunal must be constituted by the following 5 21 members-- 22 (a) the president, deputy president or another member who 23 is a lawyer of at least 7 years standing; 24 (b) 2 members who are psychiatrists; 25 (c) 1 member who is a neurosurgeon; 26 (d) 1 member who is not a lawyer or doctor. 27 (3) In this section-- 28 neurosurgeon means-- 29 Page 458

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 717] (a) a person registered under the Health Practitioner 1 Regulation National Law to practise in the medical 2 profession as a specialist registrant in the speciality of 3 neurosurgery, other than as a student; or 4 (b) a person registered under the Health Practitioner 5 Regulation National Law with limited registration to 6 practise in an area of need in a specialist position in 7 neurosurgery. 8 717 Matters president to consider in constituting tribunal 9 (1) In deciding the tribunal's constitution for a proceeding, the 10 president must-- 11 (a) for a proceeding in relation to an involuntary patient, 12 have regard to-- 13 (i) the safety and welfare of the patient and the safety 14 of others; and 15 (ii) the patient's mental condition; and 16 (b) to the extent practicable, include a member who is 17 culturally appropriate to the person the subject of the 18 proceeding. 19 (2) Also, for a proceeding in relation to a minor, if the tribunal is 20 required to be constituted by at least 1 member who is a 21 psychiatrist, the psychiatrist must have relevant knowledge 22 and expertise in child and adolescent psychiatry. 23 Note-- 24 See sections 714(2) and 716 for when the tribunal is required to be 25 constituted by at least 1 member who is a psychiatrist. 26 718 Presiding member 27 (1) The presiding member for a proceeding is-- 28 (a) if the tribunal is constituted by 1 member--the 29 constituting member; or 30 Page 459

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 719] (b) if the tribunal is constituted by more than 1 1 member--the member decided by the president. 2 (2) However, if the tribunal is constituted under section 714(2), 3 715 or 716, the presiding member must be a lawyer. 4 Division 5 Examinations, confidentiality orders 5 and reports 6 719 Tribunal may order examination 7 (1) The tribunal may order a relevant person to submit to an 8 examination by a stated examining practitioner. 9 (2) If the proceeding is for a review under chapter 12, the 10 examining practitioner must not be responsible for the 11 relevant person. 12 (3) The order must state the matters on which the examining 13 practitioner must report to the tribunal. 14 (4) The order may, if the proceeding is for a review under chapter 15 12-- 16 (a) direct an authorised person to transport the relevant 17 person immediately to the examining practitioner; or 18 Note-- 19 For the powers of an authorised person when detaining and 20 transporting a person, see chapter 11, part 6, division 5. 21 (b) direct the relevant person to attend at the examining 22 practitioner within a stated time, of not more than 28 23 days, after the order is made. 24 Note-- 25 See chapter 11, part 6, division 3 for the powers that may be 26 used in relation to a person who does not comply with a 27 direction under paragraph (b). 28 (5) The order authorises the examining practitioner to examine 29 the relevant person without the person's consent. 30 Page 460

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 720] (6) The examining practitioner must give the tribunal a written 1 report on the examination. 2 (7) In this section-- 3 relevant person means-- 4 (a) a person who is the subject of a proceeding for a review 5 under chapter 12; or 6 (b) a person who is the subject of an application under 7 chapter 12, part 9, division 1 for approval to perform 8 electroconvulsive therapy; or 9 (c) a person who is the subject of an application under 10 chapter 12, part 10, division 2 for approval of the 11 transfer of the person out of Queensland. 12 720 Confidentiality order 13 (1) In a proceeding, the tribunal may, by order (a confidentiality 14 order), prohibit or restrict the disclosure of any of the 15 following to a person the subject of the proceeding-- 16 (a) information given before it; 17 (b) matters contained in documents filed with, or received 18 by, it; 19 (c) the reasons for its decision on the proceeding. 20 (2) However, the tribunal may make a confidentiality order only 21 if satisfied the disclosure would-- 22 (a) cause serious harm to the health of the person; or 23 (b) put the safety of someone else at serious risk. 24 (3) If the tribunal makes a confidentiality order, the tribunal 25 must-- 26 (a) disclose to the person's lawyer, or another 27 representative, the information or matters mentioned in 28 subsection (1) to which the order relates; and 29 Page 461

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 721] (b) give the lawyer or other representative written reasons 1 for the order. 2 (4) If the person is not represented at the hearing of the 3 proceeding by a lawyer or another representative, the tribunal 4 must ensure a lawyer or another representative is appointed 5 for subsection (3). 6 (5) A person must not contravene a confidentiality order unless 7 the person has a reasonable excuse. 8 Maximum penalty for subsection (5)--200 penalty units. 9 721 Reports for particular review proceedings 10 (1) This section applies if the tribunal is reviewing any of the 11 following-- 12 (a) a treatment authority; 13 (b) a forensic order; 14 (c) a treatment support order; 15 (d) a person's fitness for trial; 16 (e) the detention of a minor in a high security unit. 17 (2) The tribunal must ensure a treating practitioner for the person 18 the subject of the review prepares a report, in the approved 19 form, about-- 20 (a) for a review mentioned in subsection (1)(a), (b) or 21 (c)--the relevant circumstances of the person; and 22 (b) other matters relevant to a decision the tribunal may 23 make under chapter 12 on the review. 24 (3) At least 7 days before the hearing of the review, the treating 25 practitioner must give a copy of the report to-- 26 (a) the tribunal; and 27 (b) the person the subject of the review. 28 (4) However, the treating practitioner is not required to comply 29 with subsection (3)(b) if the treating practitioner intends to 30 Page 462

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 722] apply to the tribunal for a confidentiality order in relation to 1 the report. 2 (5) In this section-- 3 relevant circumstances, of a person, for a review mentioned 4 in subsection (1)(b) or (c), includes the nature of the relevant 5 unlawful act and the period of time that has passed since the 6 act happened. 7 treating practitioner, for a person the subject of a review, 8 means-- 9 (a) a psychiatrist treating the person; or 10 (b) a senior practitioner under the Forensic Disability Act 11 responsible for performing obligations for the person 12 under chapter 2, part 1 of that Act. 13 Division 6 Procedural provisions for ch 12 14 proceedings 15 Subdivision 1 Applications 16 722 Application of sdiv 1 17 This subdivision applies to an application made to the tribunal 18 under chapter 12. 19 723 Approved form 20 The application must be made in the approved form. 21 724 Frivolous or vexatious application 22 (1) If the application is made by the person who is the subject of 23 the proceeding or an interested person for the person, the 24 president may dismiss the application if the president is 25 satisfied the application is frivolous or vexatious. 26 Page 463

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 725] (2) The president may dismiss an application under this section 1 without a hearing. 2 725 Hearing of application 3 The tribunal must hear the application-- 4 (a) for an application under chapter 12, part 8 for an 5 examination authority or chapter 12, part 9, division 1 6 for approval to perform electroconvulsive therapy on a 7 person if a certificate under section 236(3) is in force for 8 the person--as soon as practicable after the application 9 is made; or 10 (b) for any other application under chapter 12, part 9, 11 division 1--within 14 days after the application is made; 12 or 13 (c) for any other application--within 28 days after the 14 application is made. 15 Subdivision 2 Adjournment of hearing of 16 particular periodic reviews 17 726 Application of sdiv 2 18 (1) This subdivision applies if-- 19 (a) the administrator of an authorised mental health service 20 is responsible for a person (the relevant person) subject 21 to a treatment authority or treatment support order; and 22 (b) within 7 days before the hearing of a periodic review 23 under chapter 12 (the scheduled review) of the treatment 24 authority or treatment support order-- 25 (i) the relevant person becomes a patient required to 26 return; and 27 (ii) the relevant person's treating health service can not 28 locate the person. 29 Page 464

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 727] (2) This subdivision also applies if-- 1 (a) an authorised mental health service or the forensic 2 disability service is responsible for a person (also the 3 relevant person) subject to a forensic order (mental 4 health) or forensic order (disability); and 5 (b) within 14 days before the hearing of a periodic review 6 under chapter 12 (also the scheduled review) of the 7 forensic order-- 8 (i) if an authorised mental health service is 9 responsible for the relevant person--the relevant 10 person is a patient required to return and the 11 service can not locate the person; or 12 (ii) if the forensic disability service is responsible for 13 the relevant person--the relevant person is a 14 person to whom the Forensic Disability Act, 15 section 113 applies and the forensic disability 16 service can not locate the person. 17 727 Definitions for sdiv 2 18 In this subdivision-- 19 relevant person see section 726(1)(a) and (2)(a). 20 scheduled review see section 726(1)(b) and (2)(b). 21 728 Adjournment of hearing 22 (1) The administrator of the relevant person's treating health 23 service or of the forensic disability service must give the 24 tribunal written notice of the relevant person's absence. 25 (2) When the tribunal receives the notice-- 26 (a) the hearing of the scheduled review is taken to be 27 adjourned; and 28 (b) the requirement for the tribunal to conduct the scheduled 29 review under chapter 12, part 2, 3 or 5 stops applying. 30 Page 465

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 729] 729 Hearing of scheduled review to be conducted on relevant 1 person's return 2 (1) On the return of the relevant person to the person's treating 3 health service or the forensic disability service, the 4 administrator of the person's treating health service or of the 5 forensic disability service must give the tribunal written notice 6 of the person's return. 7 (2) The tribunal must, within 21 days after the day it receives the 8 notice, hear the scheduled review. 9 Division 7 General procedural provisions 10 Subdivision 1 Preliminary 11 730 Application of div 7 12 This division applies to any proceeding in the tribunal under 13 this Act. 14 731 Conducting proceedings generally 15 (1) The procedure for a proceeding is at the discretion of the 16 tribunal, subject to this Act and the tribunal rules. 17 (2) In all proceedings, the tribunal must act fairly and according 18 to the substantial merits of the case. 19 (3) In conducting a proceeding, the tribunal-- 20 (a) must observe the rules of natural justice; and 21 (b) must act as quickly, and with as little formality and 22 technicality, as is consistent with a fair and proper 23 consideration of the matters before the tribunal; and 24 (c) is not bound by the rules of evidence; and 25 (d) may inform itself on a matter in a way it considers 26 appropriate; and 27 Page 466

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 732] (e) must ensure, to the extent practicable, all relevant 1 material is disclosed to the tribunal to enable it to decide 2 the proceeding with all the relevant facts. 3 732 Presentation of party's case and inspection of 4 documents 5 (1) A party to a proceeding must be given a reasonable 6 opportunity to present the party's case and, in particular, to 7 inspect a document to which the tribunal proposes to have 8 regard in reaching a decision in the proceeding and to make 9 submissions about the document. 10 (2) However, subsection (1) does not apply to the extent a party's 11 inspection of a document would contravene a confidentiality 12 order or section 741. 13 Subdivision 2 Pre-hearing matters 14 733 Matters to be stated in notice of hearing 15 If the tribunal is required to give stated persons notice of the 16 hearing of a proceeding, the notice must state the following-- 17 (a) the nature of the hearing; 18 (b) the time and place of the hearing; 19 (c) the rights at the hearing of the person who is the subject 20 of the proceeding. 21 734 Right to appear 22 (1) A person who is entitled be given notice of the hearing of a 23 proceeding has a right to appear in person at the hearing. 24 (2) Also, without limiting subsection (1), the chief psychiatrist 25 may, with the leave of the tribunal, appear in person at the 26 hearing of a proceeding. 27 Page 467

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 735] (3) However, despite subsection (1), the following persons do not 1 have a right to appear in person at the hearing of a 2 proceeding-- 3 (a) the administrator of an authorised mental health service; 4 (b) the administrator of the forensic disability service; 5 (c) a person who is given notice of the hearing of the 6 proceeding under section 285. 7 735 Attorney-General to give notice of intention to appear 8 (1) This section applies in relation to the hearing of the following 9 proceedings-- 10 (a) a review under chapter 12, part 3, 4 or 6; 11 (b) an application under chapter 12, part 10. 12 (2) The Attorney-General may be represented at the hearing of 13 the proceeding by a lawyer. 14 (3) If the Attorney-General intends to appear or be represented at 15 the hearing of the proceeding, the Attorney-General must, as 16 soon as practicable and not later than 7 days before the 17 hearing, give written notice to the tribunal. 18 (4) The Attorney-General's role at the hearing of the proceeding 19 is to represent the public interest. 20 736 Disclosure of documents to be relied on in hearing 21 (1) If a party to a proceeding intends to rely on a document in the 22 hearing of the proceeding, the party must give a copy of the 23 document to each other party to the proceeding at least 3 days 24 before the hearing. 25 (2) However, if the party intends to apply to the tribunal for a 26 confidentiality order in relation to a document, the party-- 27 (a) is not required to give a copy of the document under 28 subsection (1) to the person the subject of the 29 proceeding; and 30 Page 468

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 737] (b) if the person is represented by a lawyer or another 1 person--must give a copy of the document to the lawyer 2 or other person. 3 (3) In this section-- 4 document does not include a victim impact statement. 5 Subdivision 3 Hearings 6 737 Right of representation and support 7 (1) The person who is the subject of a proceeding may be 8 represented at the hearing of the proceeding by a nominated 9 support person, a lawyer or another person. 10 (2) Also, the person who is the subject of a proceeding may be 11 accompanied at the hearing of the proceeding by-- 12 (a) 1 member of the person's support network; or 13 (b) with the tribunal's leave, more than 1 member of the 14 person's support network. 15 Note-- 16 See section 761 for the tribunal's power to exclude a person from a 17 tribunal proceeding. 18 (3) A person who represents the person at the hearing of a 19 proceeding must-- 20 (a) to the extent the person is able to express the person's 21 views, wishes and preferences--represent the person's 22 views, wishes and preferences; and 23 (b) to the extent the person is unable to express the person's 24 views, wishes and preferences--represent the person's 25 best interests. 26 (4) In this section-- 27 support network, of a person, means-- 28 (a) the person's nominated support persons, if any; or 29 Page 469

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 738] (b) the person's family, carers and other support persons. 1 738 Appointment of representative 2 (1) This section applies if the person the subject of a proceeding 3 is not represented by a lawyer or another person at the hearing 4 of the proceeding. 5 (2) The tribunal may appoint a lawyer or another person (the 6 appointed representative) to represent the person if the 7 tribunal considers it would be in the person's best interests to 8 be represented at the hearing. 9 (3) Also, the tribunal must appoint a lawyer (also an appointed 10 representative) to represent the person at the hearing if-- 11 (a) the person is a minor; or 12 (b) the hearing is-- 13 (i) for a review under chapter 12, part 6 of the 14 person's fitness for trial; 15 (ii) for an application under chapter 12, part 9, division 16 1 for approval to perform electroconvulsive 17 therapy on the person; 18 (iii) another hearing prescribed by regulation; or 19 (c) the Attorney-General is to appear or be represented at 20 the hearing. 21 (4) If the person is an adult with capacity, the person may, in 22 writing, waive the right to be represented by the appointed 23 representative. 24 (5) For subsection (4), the person has capacity to waive the right 25 if the person has the ability to understand the nature and effect 26 of a decision to waive the right, and the ability to make and 27 communicate the decision. 28 (6) The appointment of a lawyer as the person's appointed 29 representative under subsection (3) is at no cost to the person. 30 Page 470

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 739] 739 Hearing not open to public 1 (1) A hearing of a proceeding must not be open to the public 2 unless the tribunal, by order, directs that the hearing or part of 3 the hearing be open to the public. 4 (2) However, the tribunal must not make an order directing that a 5 hearing be open to the public if the person the subject of the 6 hearing is a minor. 7 (3) Also, the tribunal may make an order directing that a hearing 8 or part of a hearing be open to the public only if the tribunal is 9 satisfied-- 10 (a) the person the subject of the hearing, or a lawyer or 11 other representative of the person, has agreed to the 12 order; and 13 (b) the order will not result in serious harm to the person's 14 health or risk the safety of anyone else. 15 (4) A person (an observer) may attend a hearing that is not open 16 to the public under this section to observe the hearing if-- 17 (a) the president gives approval for the observer's 18 attendance at the hearing; and 19 (b) the person the subject of the hearing has agreed to the 20 observer's attendance. 21 (5) However, the president may not give approval for an 22 observer's attendance at the hearing if the person the subject 23 of the hearing is a minor. 24 740 Victim impact statement 25 (1) For the hearing of a review of a forensic order or treatment 26 support order, a victim of the relevant unlawful act, or a close 27 relative of the victim, may give the tribunal a victim impact 28 statement in relation to the act. 29 (2) The victim impact statement may include a request by the 30 victim or close relative that the tribunal impose a condition on 31 Page 471

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 741] the forensic order or treatment support order that the person 1 must not contact-- 2 (a) the victim or close relative; or 3 (b) another individual, including, for example, another close 4 relative of the victim. 5 (3) For this section, it does not matter whether the victim or the 6 close relative has previously-- 7 (a) prepared a victim impact statement for the Mental 8 Health Court in relation to the relevant unlawful act; or 9 (b) given the tribunal a victim impact statement in relation 10 to the relevant unlawful act. 11 741 Restrictions on disclosing victim impact statement 12 (1) The tribunal must not disclose the victim impact statement to 13 the person the subject of the review unless the victim or close 14 relative asks that the statement be disclosed to the person. 15 (2) Despite a request mentioned in subsection (1), the tribunal 16 may, by order, prohibit the disclosure of the victim impact 17 statement to the person if satisfied the disclosure may 18 adversely affect the health and wellbeing of the person. 19 (3) A person must not contravene an order made under subsection 20 (2) unless the person has a reasonable excuse. 21 Maximum penalty--200 penalty units. 22 (4) This section does not prevent the tribunal disclosing the 23 victim impact statement to a lawyer of the person the subject 24 of the review if satisfied the disclosure is in the best interests 25 of the person. 26 (5) Subject to subsection (3), the person's lawyer may disclose 27 the victim impact statement to the person only if the victim or 28 close relative asks that the statement be disclosed to the 29 person. 30 Page 472

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 742] (6) The person's lawyer must not disclose the victim impact 1 statement to the person in contravention of subsection (5) 2 unless the lawyer has a reasonable excuse. 3 Maximum penalty--200 penalty units. 4 (7) In this section-- 5 lawyer, of a person, includes another representative of the 6 person. 7 742 Requiring witness to attend or produce document or 8 thing 9 (1) The tribunal may, by written notice given to a person (an 10 attendance notice), require the person to-- 11 (a) attend the hearing of a proceeding at a stated time and 12 place to give evidence; or 13 (b) produce a stated document or thing that is relevant to the 14 hearing. 15 Examples of a document that may be relevant to a hearing-- 16 a medical report or clinical file for the person the subject of the 17 proceeding 18 Note-- 19 See section 758 for the consequences of failing to comply with an 20 attendance notice. 21 (2) The tribunal may-- 22 (a) require the evidence to be given on oath; or 23 (b) allow a person appearing as a witness at the hearing to 24 give information by tendering a written statement, 25 verified, if the tribunal directs, by oath. 26 (3) For subsection (2)(a), the tribunal may administer an oath. 27 743 Tribunal to allow party to call or give evidence 28 In a proceeding, the tribunal must allow a party to the 29 proceeding to call or give any evidence. 30 Page 473

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 744] 744 Proceeding by remote conferencing or on the papers 1 (1) The tribunal may, if appropriate, conduct all or a part of a 2 proceeding by remote conferencing. 3 (2) Also, for the hearing of a proceeding for a review of a 4 treatment authority, the tribunal may conduct all or a part of 5 the proceeding entirely on the basis of documents, without the 6 parties, their representatives or witnesses appearing at the 7 hearing, if the person subject to the treatment authority does 8 not wish to attend or be represented by another person at the 9 hearing. 10 (3) Provisions of this Act applying to a hearing apply with 11 necessary changes in relation to a proceeding conducted under 12 subsection (1) or (2). 13 Examples of application of subsection (3)-- 14 1 If a hearing is conducted under subsection (1) or (2), section 739 15 continues to apply to the proceeding as if the parties to the 16 proceeding were present before the tribunal. 17 2 If a hearing is conducted under subsection (2), section 416 will 18 have no application. 19 745 Proceeding in absence of involuntary patient 20 (1) This section applies to a proceeding in relation to an 21 involuntary patient for whom an authorised mental health 22 service or the forensic disability service is responsible. 23 (2) The tribunal may hear the proceeding in the absence of the 24 patient if the tribunal considers-- 25 (a) either-- 26 (i) the administrator of the service responsible for the 27 patient has taken reasonable steps to ensure the 28 patient attends the hearing of the proceeding and 29 the patient is absent because of the patient's own 30 free will; or 31 (ii) the patient is unfit to appear; and 32 (b) it is appropriate and expedient to do so. 33 Page 474

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 746] (3) Subsection (2) has effect despite division 7, subdivision 1. 1 746 Conducting hearings of proceedings at same time 2 (1) Nothing in this chapter prevents the tribunal hearing different 3 proceedings under this Act that relate to the same person at 4 the same time. 5 (2) Without limiting subsection (1), the tribunal may conduct the 6 hearings of more than 1 review under chapter 12 that relate to 7 the same person at the same time. 8 Examples of hearing more than 1 review at the same time-- 9 • hearing an applicant review of a forensic order for a person at the 10 same time as a periodic review of the forensic order for the person 11 • hearing a periodic review of a forensic order for a person at the 12 same time as a review of the person's fitness for trial 13 (3) In deciding whether to conduct more than 1 hearing for the 14 same person at the same time, the tribunal must have regard to 15 whether it is in the person's best interests to do so. 16 747 Adjourning hearing of proceeding 17 The tribunal may adjourn the hearing of a proceeding for-- 18 (a) if the adjournment is for the purpose of obtaining an 19 examination report under section 719 and the president 20 has approved that the hearing be adjourned for more 21 than 28 days--the period approved by the president; or 22 (b) otherwise--a period of not more than 28 days. 23 748 Appointing assistant 24 The tribunal may appoint a person with appropriate 25 knowledge or experience to assist it in a proceeding, 26 including, for example-- 27 Page 475

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 749] (a) a person with appropriate communication skills or 1 appropriate cultural or social knowledge or experience; 2 or 3 (b) a person with expertise in the care of persons with an 4 intellectual disability. 5 749 Dealing with documents or other things 6 (1) If a document or other thing is produced to the tribunal in a 7 proceeding, the tribunal may-- 8 (a) inspect the document or thing; and 9 (b) make copies of, photograph, or take extracts from, the 10 document or thing if it is relevant to the proceeding. 11 (2) The tribunal may also keep the document or thing while it is 12 necessary for the proceeding. 13 (3) While the tribunal keeps the document or other thing, the 14 tribunal must permit a person otherwise entitled to possession 15 of the document or thing to inspect, make copies of, 16 photograph, or take extracts from, the document or thing, at 17 the reasonable time and place the tribunal decides. 18 750 Way questions decided 19 (1) The tribunal's decision on a question of law arising in a 20 proceeding is the decision of the presiding member on the 21 question. 22 (2) However, if the tribunal is constituted by 1 member who is 23 not a lawyer-- 24 (a) the member must refer the question of law to another 25 member who is a lawyer to decide; and 26 (b) the other member must decide the question; and 27 (c) for subsection (1), the decision of the other member is 28 taken to be the decision of the presiding member. 29 Page 476

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 751] (3) If the members constituting the tribunal in a proceeding are 1 divided in opinion about the decision to be made on another 2 question in the proceeding, the tribunal's decision on the 3 question is-- 4 (a) if there is a majority of the same opinion--the decision 5 of the majority; or 6 (b) otherwise--the decision of the presiding member. 7 751 Referring question of law to Mental Health Court 8 (1) The president may refer a question of law in a proceeding 9 before the tribunal to the Mental Health Court. 10 (2) A referral under subsection (1) may be made on the 11 application of a party to the proceeding or on the president's 12 own initiative. 13 (3) If a question of law is referred to the Mental Health Court 14 under subsection (1)-- 15 (a) the Mental Health Court may decide the question and 16 make ancillary orders and directions; and 17 (b) the tribunal must not make a decision about the matter to 18 which the question relates until it receives the Mental 19 Health Court's decision on the question; and 20 (c) the tribunal must not proceed in a way, or make a 21 decision, that is inconsistent with the Mental Health 22 Court's decision on the question. 23 (4) If the Mental Health Court decides a question of law referred 24 to it under subsection (1), the tribunal's decision on the 25 question is the decision of the Mental Health Court. 26 (5) This section applies despite section 750. 27 752 Costs 28 Each party to a proceeding is to bear the party's own costs of 29 the proceeding. 30 Page 477

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 753] Subdivision 4 Decisions of tribunal 1 753 Notice of decision 2 (1) The tribunal must, within 7 days after making its decision in a 3 proceeding, give each person who was entitled to be given 4 notice of the hearing of the proceeding written notice of the 5 decision. 6 (2) The notice must-- 7 (a) state that the person to whom the notice is given may 8 ask the tribunal for written reasons for its decision; and 9 (b) state the rights under this Act to appeal the tribunal's 10 decision. 11 (3) Also, if a proceeding is for a review of a person's fitness for 12 trial under chapter 12, part 6, the tribunal must give the 13 director of public prosecutions written notice of its decision. 14 754 Written reasons for decision 15 (1) The tribunal must, on request by a person mentioned in 16 section 753(1), give the person written reasons for the 17 tribunal's decision. 18 (2) The tribunal must comply with the request within 21 days 19 after the day it receives the request. 20 (3) However, subsection (2) does not apply to the extent 21 complying with the request would contravene a 22 confidentiality order or section 741. 23 755 Requirement to give effect to tribunal decision 24 Each of the following persons must, as soon as practicable 25 after receiving notice of the tribunal's decision in the 26 proceeding, ensure the tribunal's decision is given effect-- 27 Page 478

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 756] (a) if an authorised mental health service is responsible for 1 the person the subject of the proceeding--the 2 administrator of the service; 3 (b) if the forensic disability service is responsible for the 4 person the subject of the proceeding--the administrator 5 of the service. 6 756 Publishing decision and reasons 7 (1) The tribunal may publish its final decision in a proceeding and 8 any reasons for the decision, including, for example, if the 9 tribunal is satisfied the decision or any reasons for the 10 decision may be used as a precedent, in a way it considers 11 appropriate. 12 (2) However, the publication of the decision or reasons for the 13 decision must not identify any person. 14 (3) Also, the tribunal must ensure the publication of the decision 15 or reasons does not contravene a confidentiality order or 16 section 741. 17 Subdivision 5 Revocation of particular forensic 18 orders and treatment support 19 orders 20 757 Order for missing person 21 (1) This section applies if a person who is subject to a relevant 22 order is, for a period of more than 3 years-- 23 (a) a patient required to return; or 24 (b) a person to whom the Forensic Disability Act, section 25 113 applies. 26 (2) Despite subsection (1), if the relevant order is a forensic order, 27 this section does not apply during any non-revocation period 28 for the order. 29 Page 479

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 758] (3) The president may revoke the relevant order for the person if 1 the president considers, on information provided to the 2 tribunal by the administrator of the person's treating health 3 service, or of the forensic disability service, that-- 4 (a) the person is unlikely to return to Queensland; or 5 (b) the person is presumed to have died. 6 (4) The tribunal must, within 7 days after the day the relevant 7 order is revoked, give written notice of the revocation to-- 8 (a) if an authorised mental health service is responsible for 9 the person--the administrator of the service; or 10 (b) if the forensic disability service is responsible for the 11 person--the administrator of the service. 12 (5) In this section-- 13 relevant order means-- 14 (a) a forensic order; or 15 (b) a treatment support order. 16 Division 8 Offences and contempt 17 758 Offences by witnesses 18 (1) A person given an attendance notice must not, without 19 reasonable excuse-- 20 (a) fail to attend as required by the notice; or 21 (b) fail to continue to attend as required by the tribunal until 22 excused from further attendance; or 23 (c) fail to produce a document or other thing the person is 24 required to produce by the attendance notice. 25 Maximum penalty--100 penalty units. 26 (2) A person appearing as a witness at a hearing of a proceeding 27 must not-- 28 Page 480

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 759] (a) fail to take an oath or make an affirmation when 1 required by the tribunal; or 2 (b) fail, without reasonable excuse, to answer a question the 3 person is required to answer by the tribunal. 4 Maximum penalty--100 penalty units. 5 (3) It is a reasonable excuse for a person to fail to answer a 6 question or to produce a document or other thing if answering 7 the question or producing the document or thing might tend to 8 incriminate the person. 9 759 False or misleading information or document 10 (1) A person must not state to the tribunal or staff member of the 11 tribunal anything the person knows is false or misleading in a 12 material particular. 13 Maximum penalty--100 penalty units. 14 (2) A person must not give the tribunal or staff member of the 15 tribunal a document containing information the person knows 16 is false or misleading in a material particular. 17 Maximum penalty--100 penalty units. 18 (3) Subsection (2) does not apply to a person if the person, when 19 giving the document-- 20 (a) tells the tribunal or staff member of the tribunal, to the 21 best of the person's ability, how the document is false or 22 misleading; and 23 (b) if the person has, or can reasonably obtain, the correct 24 information--gives the correct information. 25 760 Fabricating evidence 26 The tribunal is a tribunal for the Criminal Code, section 126. 27 Note-- 28 The Criminal Code, section 126 deals with fabricated evidence in 29 judicial proceedings. 30 Page 481

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 761] 761 Contempt of tribunal 1 (1) A person is in contempt of the tribunal if the person-- 2 (a) insults a member or a staff member of the tribunal at a 3 proceeding, or in going to or returning from a 4 proceeding; or 5 (b) unreasonably interrupts a proceeding, or otherwise 6 misbehaves at a proceeding; or 7 (c) creates or continues, or joins in creating or continuing, a 8 disturbance in or near a place where a proceeding is 9 being conducted; or 10 (d) obstructs or assaults a person attending a proceeding; or 11 (e) obstructs a member in the performance of the member's 12 functions or the exercise of the member's powers; or 13 (f) obstructs a person acting under an order made under this 14 Act by the tribunal or a member; or 15 (g) without lawful excuse, disobeys a lawful order or 16 direction of the tribunal made or given under this Act; or 17 (h) does anything at a proceeding or otherwise that would 18 be contempt of court if the tribunal were a court of 19 record. 20 (2) The tribunal may order that a person who contravenes 21 subsection (1) at a proceeding be excluded from the place 22 where the proceeding is being conducted. 23 (3) A staff member of the tribunal or a health practitioner, acting 24 under the tribunal's order, may, with the help that is necessary 25 and reasonable in the circumstances, exclude the person from 26 the place. 27 762 Punishment of contempt 28 (1) Without limiting the tribunal's power under section 761, a 29 person's contempt of the tribunal may be punished under this 30 section. 31 Page 482

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 763] (2) The president may certify the contempt in writing to the 1 Supreme Court (the court). 2 (3) For subsection (2), it is enough for the president to be satisfied 3 there is evidence of contempt. 4 (4) The president may issue a warrant directed to a police officer 5 or all police officers for the arrest of the person to be brought 6 before the court to be dealt with according to law. 7 (5) The Bail Act 1980 applies to the proceeding for the contempt 8 started by the certification in the same way it applies to a 9 charge of an offence. 10 (6) The court must inquire into the alleged contempt. 11 (7) The court must hear-- 12 (a) witnesses and evidence that may be produced against or 13 for the person whose contempt was certified; and 14 (b) any statement given by the person in defence. 15 (8) If the court is satisfied the person has committed the 16 contempt, the court may punish the person as if the person had 17 committed the contempt in relation to a proceeding in the 18 court. 19 (9) The Uniform Civil Procedure Rules 1999 apply to the court's 20 investigation, hearing and power to punish with necessary 21 changes. 22 (10) The president's certificate of contempt is evidence of the 23 matters contained in the certificate. 24 763 Conduct that is contempt and offence 25 (1) If conduct of a person is both contempt of the tribunal and an 26 offence, the person may be proceeded against for the 27 contempt or for the offence. 28 (2) However, the person is not liable to be punished twice for the 29 same conduct. 30 Page 483

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 764] Division 9 Protection and immunities 1 764 Protection and immunity for members 2 A member of the tribunal has, in the exercise of jurisdiction 3 under this Act, the same protection and immunity as a 4 Supreme Court judge in the performance of a judge's 5 functions. 6 765 Protection and immunity for other persons 7 (1) A lawyer or another person who, under this Act, represents a 8 party to a proceeding has the same protection and immunity as 9 a barrister appearing for a party in a proceeding in the 10 Supreme Court. 11 (2) A person given an attendance notice or appearing before the 12 tribunal in a proceeding has the same protection and immunity 13 as a witness in a proceeding in the Supreme Court. 14 (3) A document produced to the tribunal in a proceeding has the 15 same protection it would have if produced in the Supreme 16 Court. 17 Division 10 Rules and practice 18 766 Rule-making power 19 (1) The Governor in Council may make rules for the tribunal 20 under this Act. 21 (2) Rules may be made about the following matters-- 22 (a) the practices and procedures of the tribunal; 23 (b) fees and expenses payable to witnesses; 24 (c) fees or costs payable in relation to proceedings and the 25 party by or to whom they are to be paid; 26 Page 484

Mental Health Bill 2015 Chapter 16 Establishment and administration of court and tribunal Part 2 Mental Health Review Tribunal [s 767] (d) service of process, notices, orders or other things on 1 parties and other persons. 2 (3) Rules made under this section are rules of court. 3 767 Directions about practice 4 (1) Subject to this Act and the tribunal rules, the practice and 5 procedure of the tribunal are as directed by the president. 6 (2) If this Act or the rules do not provide or sufficiently provide 7 for a particular matter, an application for directions may be 8 made to the president. 9 Division 11 Miscellaneous 10 768 Authentication of documents 11 A document requiring authentication by the tribunal is 12 sufficiently authenticated if it is signed by a member. 13 769 Judicial notice of particular signatures 14 Judicial notice must be taken of the signature of a member if it 15 appears on a document issued by the tribunal. 16 770 Delegation 17 The president may delegate the president's powers under this 18 Act to the deputy president or another member. 19 771 Register 20 (1) The president must keep a register of-- 21 (a) applications for a review of any of the following-- 22 (i) treatment authorities; 23 (ii) forensic orders; 24 Page 485

Mental Health Bill 2015 Chapter 17 Confidentiality Part 1 Preliminary [s 772] (iii) treatment support orders; 1 (iv) a person's fitness for trial; 2 (v) the detention of a minor in a high security unit; and 3 (b) applications for any of the following-- 4 (i) examination authorities; 5 (ii) approval to perform regulated treatment; 6 (iii) approval of the transfer of particular persons into 7 and out of Queensland; and 8 (c) reviews and applications heard by the tribunal; and 9 (d) decisions of the tribunal on the reviews and applications, 10 and the reasons for the decisions. 11 (2) The president may keep the register in the way the president 12 considers appropriate. 13 772 Annual report 14 (1) Within 90 days after the end of each financial year, the 15 president must prepare and give the Minister a report on the 16 tribunal's operations during the year. 17 (2) The Minister must table a copy of the report in the Legislative 18 Assembly within 14 days after the day the Minister receives 19 it. 20 Chapter 17 Confidentiality 21 Part 1 Preliminary 22 773 Purpose of ch 17 23 The purpose of this chapter is to provide for-- 24 Page 486

Mental Health Bill 2015 Chapter 17 Confidentiality Part 1 Preliminary [s 774] (a) the confidentiality of information identifying persons 1 who have received health services for a mental illness; 2 and 3 (b) the use and disclosure of particular personal information 4 for particular purposes; and 5 (c) offences relating to the publication of particular judicial 6 proceedings. 7 774 Definitions for ch 17 8 In this chapter-- 9 designated person means a designated person under the 10 Hospital and Health Boards Act 2011, section 139. 11 government entity means a government entity under the 12 Public Service Act 2008, section 24. 13 personal information means-- 14 (a) personal information under the Information Privacy Act 15 2009, section 12; or 16 (b) confidential information under the Hospital and Health 17 Boards Act 2011, section 139. 18 775 Relationship of ch 17 with other Acts 19 This chapter applies to the use or disclosure of information 20 mentioned in this chapter despite any prohibition or limitation 21 on the use or disclosure under the Hospital and Health Boards 22 Act 2011, the Information Privacy Act 2009 or another Act. 23 Page 487

Mental Health Bill 2015 Chapter 17 Confidentiality Part 2 Duty of confidentiality [s 776] Part 2 Duty of confidentiality 1 776 Confidentiality of information obtained by designated 2 person 3 (1) This section applies to each of the following-- 4 (a) the chief psychiatrist; 5 (b) the administrator of an authorised mental health service; 6 (c) an authorised doctor; 7 (d) an authorised mental health practitioner; 8 (e) a member of the staff of the tribunal or registry; 9 (f) another designated person performing a function under 10 this Act; 11 (g) an independent patient rights adviser; 12 (h) an inspector; 13 (i) an authorised person. 14 (2) The person may use or disclose personal information to 15 perform a function under this Act. 16 (3) The Hospital and Health Boards Act 2011, sections 142 and 17 143 apply in relation to an independent patient rights adviser 18 as if a reference in the sections to a designated person 19 included a reference to an independent patient rights adviser. 20 (4) A designated person may disclose to a person mentioned in 21 subsection (1) information that is confidential information 22 under the Hospital and Health Boards Act 2011, section 139 if 23 the disclosure is for the purpose of enabling the person to 24 perform a function under this Act. 25 (5) Without limiting subsection (4), a designated person may 26 disclose personal information about a patient, including the 27 patient's health records and written notices given under this 28 Act, to an independent patient rights adviser to enable the 29 adviser to perform functions under this Act. 30 Page 488

Mental Health Bill 2015 Chapter 17 Confidentiality Part 3 Permitted use and disclosure [s 777] 777 Confidentiality of information obtained by other persons 1 (1) This section applies to a person-- 2 (a) who is or has been-- 3 (i) a member of the tribunal; or 4 (ii) an assisting clinician; or 5 (iii) a person representing another person at the hearing 6 of a proceeding in the tribunal; or 7 (iv) a support person accompanying another person at 8 the hearing of a proceeding in the tribunal; and 9 (b) in that capacity acquires personal information. 10 (2) The person must not use the personal information or disclose 11 it to anyone else. 12 Maximum penalty--100 penalty units. 13 (3) However, the person may use or disclose the personal 14 information-- 15 (a) to the extent necessary to perform the person's functions 16 under this Act; or 17 (b) if the use or disclosure is otherwise required or 18 permitted by law; or 19 (c) if the person to whom the information relates consents 20 to the use or disclosure. 21 Part 3 Permitted use and disclosure 22 778 Disclosure to identify person with mental health defence 23 (1) This section applies to an employee of the department, a 24 Hospital and Health Service or another government entity. 25 (2) The employee may use or disclose personal information to-- 26 Page 489

Mental Health Bill 2015 Chapter 17 Confidentiality Part 3 Permitted use and disclosure [s 779] (a) assist in the identification of a person who may have 1 been of unsound mind at the time of an alleged offence 2 or who may be unfit for trial; and 3 (b) enable the application to the person of provisions of this 4 Act relating to unsoundness of mind and unfitness for 5 trial. 6 779 Disclosure to identify and offer support to victims 7 (1) This section applies to an employee of the department, a 8 Hospital and Health Service or another government entity. 9 (2) The employee may use or disclose personal information to 10 assist in the identification of a person who is, or may be, a 11 victim for the purpose of offering support services to the 12 person. 13 (3) In this section-- 14 victim means-- 15 (a) a victim of an unlawful act committed by a person who 16 has, or may have, a mental condition; or 17 (b) a close relative of a victim mentioned in paragraph (a); 18 or 19 (c) another individual who has suffered harm because of an 20 unlawful act mentioned in paragraph (a). 21 780 Disclosure for report by private psychiatrist 22 A designated person may disclose personal information about 23 a patient, including the patient's health records and written 24 notices given under this Act, if the disclosure is to assist in the 25 preparation of a report by a psychiatrist privately engaged by 26 the patient. 27 Page 490

Mental Health Bill 2015 Chapter 17 Confidentiality Part 3 Permitted use and disclosure [s 781] 781 Disclosure of particular information relating to classified 1 patient 2 (1) This section applies if the chief psychiatrist considers a person 3 is, or may be, any of the following-- 4 (a) a victim of an unlawful act committed by a person who 5 is a classified patient; 6 (b) a close relative of a victim mentioned in paragraph (a); 7 (c) another individual who has suffered harm because of an 8 unlawful act mentioned in paragraph (a). 9 (2) The chief psychiatrist may disclose the following personal 10 information about the classified patient to the person-- 11 (a) the fact that the patient is a classified patient in an 12 authorised mental health service; 13 (b) the fact, and the date, of a transfer of the patient to 14 another authorised mental health service; 15 (c) the fact that the patient has become a patient required to 16 return, if the chief psychiatrist considers the information 17 is relevant to the safety and welfare of the person; 18 (d) if the patient stops being a classified patient--the fact 19 that, and the reasons why, the patient has stopped being 20 a classified patient. 21 (3) The chief psychiatrist may enter into arrangements with a 22 victim support service to enable the service, on behalf of the 23 chief psychiatrist, to give the information to the person. 24 (4) The person must give a written undertaking to preserve the 25 confidentiality of the information. 26 (5) The person must not contravene the undertaking. 27 Maximum penalty for subsection (5)--200 penalty units. 28 782 Disclosure of particular information relating to person in 29 contact with forensic disability service 30 (1) This section applies for facilitating-- 31 Page 491

Mental Health Bill 2015 Chapter 17 Confidentiality Part 3 Permitted use and disclosure [s 783] (a) the transfer of a person from the forensic disability 1 service to an authorised mental health service; and 2 (b) the transfer of a person from an authorised mental health 3 service to the forensic disability service; and 4 (c) the provision of care to a person subject to a forensic 5 order (disability). 6 (2) The chief psychiatrist or an administrator of an authorised 7 mental health service may disclose personal information 8 about the person to the director of forensic disability, the 9 administrator of the forensic disability service or another 10 entity responsible for providing care to the person. 11 (3) Also, the director of forensic disability, the administrator of 12 the forensic disability service, or another entity responsible 13 for providing care to the person may disclose personal 14 information about the person to the chief psychiatrist or the 15 administrator of an authorised mental health service. 16 783 Disclosure to lawyer 17 (1) A designated person may disclose personal information about 18 a patient, including the patient's health records and written 19 notices given under this Act, to a lawyer if the disclosure is to 20 enable the lawyer to provide legal services to the patient, or 21 the State, for a proceeding in the Mental Health Court, the 22 tribunal or another court. 23 (2) If the lawyer is a representative of the State, the lawyer may 24 use the personal information, or disclose it to a victim, only to 25 the extent necessary for the performance of the lawyer's 26 functions under this or another Act. 27 (3) In this section-- 28 victim means a person who is, or may be-- 29 (a) a victim of an unlawful act committed by a person who 30 is the subject of a proceeding before the Mental Health 31 Court or the tribunal; or 32 Page 492

Mental Health Bill 2015 Chapter 17 Confidentiality Part 3 Permitted use and disclosure [s 784] (b) a close relative of a victim mentioned in paragraph (a); 1 or 2 (c) another individual who has suffered harm because of an 3 unlawful act mentioned in paragraph (a). 4 784 Disclosure of photograph of patient required to return 5 (1) This section applies if the administrator of an authorised 6 mental health service is in possession of a photograph of a 7 person who-- 8 (a) is an involuntary patient or a classified patient 9 (voluntary); and 10 (b) has become a patient required to return. 11 (2) The administrator may disclose the photograph to the 12 commissioner of the police service, or another person 13 performing a function in an official capacity, to help locate the 14 person. 15 (3) To remove any doubt, it is declared that the administrator of 16 an authorised mental health service may require an 17 involuntary patient or a classified patient (voluntary) to be 18 photographed to facilitate the future operation of subsection 19 (2). 20 785 Disclosure of information for research purposes 21 (1) The registrar of the Mental Health Court may disclose 22 relevant information about a patient to a person undertaking 23 research if-- 24 (a) the registrar is satisfied the research is genuine; and 25 (b) the president of the Mental Health Court approves the 26 disclosure; and 27 (c) the person gives a written undertaking to preserve the 28 confidentiality of the information. 29 Page 493

Mental Health Bill 2015 Chapter 17 Confidentiality Part 4 Offences relating to publication of judicial proceedings [s 786] (2) The executive officer of the tribunal may disclose relevant 1 information about a patient to a person undertaking research 2 if-- 3 (a) the executive officer is satisfied the research is genuine; 4 and 5 (b) the president of the tribunal approves the disclosure; and 6 (c) the person gives a written undertaking to preserve the 7 confidentiality of the information. 8 (3) A person must not contravene an undertaking given under 9 subsection (1)(c) or (2)(c). 10 Maximum penalty for subsection (3)--200 penalty units. 11 (4) In this section-- 12 relevant information means information that is confidential 13 information disclosed to the Mental Health Court or tribunal. 14 Part 4 Offences relating to publication 15 of judicial proceedings 16 786 Definition for pt 4 17 In this part-- 18 report, of a proceeding, includes a report of part of the 19 proceeding. 20 787 Publication of reports and decisions on 21 references--Mental Health Court and Court of Appeal 22 (1) A person must not publish a report of a proceeding in the 23 Mental Health Court or the Court of Appeal on a reference in 24 relation to a person, or a decision on the proceeding, before 25 the end of the prescribed day for the decision on the 26 proceeding. 27 Page 494

Mental Health Bill 2015 Chapter 17 Confidentiality Part 4 Offences relating to publication of judicial proceedings [s 787] Maximum penalty--200 penalty units or 2 years 1 imprisonment. 2 (2) However, a person does not commit an offence against 3 subsection (1) if the person publishes the report with the leave 4 of the Mental Health Court or the Court of Appeal. 5 (3) In this section-- 6 decision leading to trial means a decision that-- 7 (a) the person is fit for trial; or 8 (b) the person is unfit for trial and the unfitness for trial is 9 not permanent; or 10 (c) the person was of diminished responsibility when the 11 offence of murder was allegedly committed, if the 12 proceeding is continued against the person for another 13 offence constituted by the act or omission to which the 14 offence of murder relates. 15 end day, in relation to a decision leading to trial, means-- 16 (a) the day the trial for the relevant offence ends; or 17 (b) for a decision mentioned in paragraph (b) of the 18 definition decision leading to trial, if the proceeding for 19 the relevant offence is discontinued under chapter 12, 20 part 6, division 2--the day the proceeding is 21 discontinued. 22 prescribed day means-- 23 (a) for a decision of the Mental Health Court that is a 24 decision leading to trial--the end day; or 25 (b) for a decision of the Mental Health Court other than a 26 decision leading to trial-- 27 (i) if an appeal to the Court of Appeal against the 28 decision is started within 28 days after the date of 29 the decision and the appeal is not withdrawn-- 30 (A) if the Court of Appeal makes a decision 31 leading to trial--the end day; or 32 Page 495

Mental Health Bill 2015 Chapter 17 Confidentiality Part 4 Offences relating to publication of judicial proceedings [s 787] (B) if the Court of Appeal returns the matter to 1 the Mental Health Court and the Mental 2 Health Court makes a decision other than a 3 decision leading to trial--the day that is 28 4 days after the date of the Mental Health 5 Court's decision; or 6 (C) otherwise--the day that is 28 days after the 7 date of the Court of Appeal's decision; or 8 (ii) if an appeal to the Court of Appeal against the 9 decision is started within the 28 days but is later 10 withdrawn--the day that is 28 days after the date 11 of the Mental Health Court's decision; or 12 (iii) if an appeal to the Court of Appeal against the 13 decision is not started within the 28 days but within 14 that time the person elects to be brought to trial for 15 the offence--the day the trial for the offence ends; 16 or 17 (iv) otherwise--the day that is 28 days after the date of 18 the Mental Health Court's decision. 19 Examples of a decision of the Mental Health Court for paragraph 20 (b)-- 21 • a decision made under section 116 that the person was of 22 unsound mind when the offence was allegedly committed 23 • a decision made under section 118 that the person is unfit 24 for trial and the unfitness for trial is permanent 25 relevant offence means-- 26 (a) the offence to which the reference relates; or 27 (b) if the reference relates to the offence of murder and the 28 person was of diminished responsibility when the 29 offence was allegedly committed--another offence 30 constituted by the act or omission to which the offence 31 of murder relates. 32 Page 496

Mental Health Bill 2015 Chapter 17 Confidentiality Part 4 Offences relating to publication of judicial proceedings [s 788] 788 Publication of report of other proceedings 1 (1) A person must not publish a report of a proceeding of-- 2 (a) the tribunal; or 3 (b) the Mental Health Court relating to an appeal against a 4 decision of the tribunal; or 5 (c) the Mental Health Court relating to a review under 6 section 671. 7 Maximum penalty--200 penalty units or 2 years 8 imprisonment. 9 (2) However, a person does not commit an offence against 10 subsection (1) if the person publishes the report with the leave 11 of the tribunal or the Mental Health Court. 12 (3) The tribunal or the Mental Health Court may grant leave to 13 publish the report only if it is satisfied-- 14 (a) publication of the report is in the public interest; and 15 (b) the report does not contain information that identifies, or 16 is likely to identify-- 17 (i) the person the subject of the proceeding; or 18 (ii) a person who appears as a witness before the 19 tribunal or court in the proceeding; or 20 (iii) a person mentioned or otherwise involved in the 21 proceeding. 22 789 Publication of information disclosing identity of party to 23 proceeding 24 (1) A person must not publish information that identifies, or is 25 likely to lead to the identification of, a minor who is or has 26 been a party to a proceeding under this Act in the tribunal, 27 Mental Health Court or Court of Appeal. 28 Maximum penalty--200 penalty units or 2 years 29 imprisonment. 30 Page 497

Mental Health Bill 2015 Chapter 17 Confidentiality Part 4 Offences relating to publication of judicial proceedings [s 790] (2) A person must not publish information that identifies, or is 1 likely to lead to the identification of, a person other than a 2 minor who is or has been a party to a proceeding mentioned in 3 section 788(1). 4 Maximum penalty--200 penalty units or 2 years 5 imprisonment. 6 (3) However, a person does not commit an offence against 7 subsection (2) if the person publishes the information with the 8 leave of the tribunal, the Mental Health Court or the Court of 9 Appeal. 10 (4) The tribunal, Mental Health Court or Court of Appeal may 11 grant leave to publish the information only if it is satisfied-- 12 (a) the publication is necessary to assist in lessening or 13 preventing a serious risk to-- 14 (i) the life, health or safety of a person, including the 15 person to whom the information relates; or 16 (ii) public safety; or 17 (b) the publication is in the public interest. 18 790 Publication of date of hearing permitted 19 Nothing in this part prevents the disclosure of a date, or time, 20 of a hearing to be held in the Mental Health Court. 21 791 Publication of information disclosed at hearing permitted 22 Subject to sections 787, 788 and 789, nothing in this part 23 prevents the disclosure of information disclosed in a hearing 24 of the Mental Health Court. 25 Note-- 26 For provisions other than in this part that prohibit the disclosure of 27 information disclosed in a hearing of the Mental Health Court, see, for 28 example, sections 164 and 694. 29 Page 498

Mental Health Bill 2015 Chapter 18 General provisions [s 792] Chapter 18 General provisions 1 792 Detention of involuntary patient must be in inpatient unit 2 If an involuntary patient is detained under this Act in an 3 authorised mental health service, the involuntary patient must 4 be detained in an inpatient unit of the service. 5 793 Use of audiovisual link for examination or assessment 6 An examination or assessment under this Act may be done by 7 an audiovisual link, if the person making the examination or 8 assessment considers it is clinically appropriate. 9 794 Disclosure by QCAT of information about personal 10 guardian 11 (1) This section applies to the following (each a QCAT official)-- 12 (a) a member of QCAT; 13 (b) the principal registrar or a registrar under the QCAT Act 14 or another member of the administrative staff of the 15 registry under that Act; 16 (c) an adjudicator or assessor appointed under the QCAT 17 Act. 18 (2) If requested by the executive officer of the tribunal, or an 19 employee of the department or a Hospital and Health Service 20 who is involved in the administration of this Act, the QCAT 21 official may disclose to the registrar, or the employee, the 22 following information-- 23 (a) whether a personal guardian has been appointed for a 24 stated individual; 25 (b) if a personal guardian has been appointed--the name 26 and contact details of the personal guardian. 27 (3) The QCAT official may disclose the information despite any 28 other law that would otherwise prohibit or restrict the 29 disclosure of the information. 30 Page 499

Mental Health Bill 2015 Chapter 18 General provisions [s 795] 795 Protection of official from liability 1 (1) An official does not incur civil liability for an act done, or 2 omission made, honestly and without negligence under this 3 Act. 4 (2) If subsection (1) prevents a civil liability attaching to an 5 official, the liability attaches instead to the State. 6 (3) This section does not apply to an official if the official is a 7 State employee within the meaning of the Public Service Act 8 2008, section 26B(4). 9 (4) In this section-- 10 official means-- 11 (a) the Minister; or 12 (b) the administrator of an authorised mental health service; 13 or 14 (c) an authorised doctor; or 15 (d) an authorised mental health practitioner; or 16 (e) an inspector; or 17 (f) an authorised person; or 18 (g) a person acting under the direction of a person 19 mentioned in paragraphs (a) to (f). 20 796 Approved forms 21 (1) The president of the Mental Health Court may approve, for 22 this Act, forms for use by or in the Mental Health Court. 23 (2) The president of the tribunal may approve, for this Act, forms 24 for use by or in the tribunal. 25 (3) The chief psychiatrist may approve, for this Act, forms for use 26 in circumstances not mentioned in subsection (1) or (2). 27 Page 500

Mental Health Bill 2015 Chapter 18 General provisions [s 797] 797 Electronic format for notices and other information 1 (1) This section applies if, under this Act, a person is required or 2 permitted to-- 3 (a) give a written notice or other information to another 4 person; or 5 (b) record information. 6 (2) The person may give the written notice or other information, 7 or record the information, electronically. 8 (3) The written notice or other information is given electronically 9 if it is given-- 10 (a) in an electronic format, and in a way, approved by the 11 chief psychiatrist; or 12 (b) under the Electronic Transactions (Queensland) Act 13 2001. 14 Note-- 15 Under the Electronic Transactions (Queensland) Act 2001, the person to 16 whom the information is required or permitted to be given must consent 17 to the information being given by an electronic communication. See 18 sections 11(2) and 12(2) of that Act. 19 (4) The information is recorded electronically if it is recorded in 20 an electronic format, and in a way, approved by the chief 21 psychiatrist. 22 (5) Also, a requirement for a written notice or other information 23 to be given to a person, or information to be recorded, in an 24 approved form is complied with if the information required in 25 the approved form is given under subsection (3) or recorded 26 under subsection (4). 27 (6) To remove any doubt, it is declared that the chief psychiatrist 28 may approve under subsection (3) or (4) an electronic format 29 that combines 1 or more approved forms, or is designed to be 30 used for 1 or more related purposes. 31 Page 501

Mental Health Bill 2015 Chapter 19 Repeal [s 798] 798 Regulation-making power 1 The Governor in Council may make regulations under this 2 Act. 3 Chapter 19 Repeal 4 799 Repeal 5 The Mental Health Act 2000, No. 16 is repealed. 6 Chapter 20 Transitional provisions 7 Part 1 Preliminary 8 800 Definitions for ch 20 9 In this chapter-- 10 commencement means the commencement of this chapter. 11 new Act means this Act. 12 repealed Act means the repealed Mental Health Act 2000. 13 801 Application of new Act in relation to proceedings for 14 alleged offences 15 (1) To the extent a provision of the new Act relates to a 16 proceeding for an alleged offence, the new Act applies if a 17 proceeding is started after the commencement. 18 (2) For subsection (1), it is irrelevant whether the offence is 19 alleged to have been committed before or after the 20 commencement. 21 Page 502

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 2 Provisions about assessment and detention under chapters 2 and 3 of repealed Act [s 802] (3) To the extent subsection (1) is inconsistent with any other 1 provision of this chapter, the other provision prevails. 2 802 Detention under repealed Act 3 (1) A person detained or remanded in custody under the repealed 4 Act immediately before the commencement is taken to be 5 detained or remanded in custody under the new Act and may 6 be dealt with under the new Act. 7 (2) To the extent subsection (1) is inconsistent with any other 8 provision of this chapter, the other provision prevails. 9 Part 2 Provisions about assessment 10 and detention under chapters 2 11 and 3 of repealed Act 12 803 Assessment documents 13 (1) A request for assessment in force under the repealed Act 14 immediately before the commencement stops having effect on 15 the commencement. 16 (2) A recommendation for assessment in force under the repealed 17 Act immediately before the commencement-- 18 (a) is taken to be a recommendation for assessment under 19 the new Act; and 20 (b) remains in force for 7 days after it was made under the 21 repealed Act. 22 804 Persons subject to assessment documents 23 (1) This section applies if, immediately before the 24 commencement, a person for whom assessment documents 25 Page 503

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 2 Provisions about assessment and detention under chapters 2 and 3 of repealed Act [s 805] were in force under the repealed Act was being taken under 1 that Act to a place. 2 (2) The repealed Act continues to apply in relation to the taking 3 of the person as if that Act had not been repealed. 4 805 Justices examination order 5 (1) An application for a justices examination order made under 6 the repealed Act but not decided before the commencement 7 may be heard, or continue to be heard, and dealt with under 8 that Act as if it had not been repealed. 9 (2) A justices examination order in force under the repealed Act 10 immediately before the commencement continues in force for 11 the period it would have been in force under that Act. 12 (3) For the purposes of a justices examination order made 13 because of the application of subsection (1) or mentioned in 14 subsection (2), the repealed Act, chapter 2, part 3, division 2 15 continues to apply as if the new Act had not commenced. 16 (4) On examination of a person under the repealed Act as applied 17 under subsection (3), a doctor or authorised mental health 18 practitioner may, under the new Act, decide to make a 19 recommendation for assessment for the person. 20 (5) The recommendation for assessment is a recommendation for 21 assessment made under the new Act, section 39. 22 806 Emergency examination order 23 (1) Subsections (2) to (4) apply if, immediately before the 24 commencement, a police officer or an ambulance officer was 25 taking a person to an authorised mental health service under 26 the repealed Act, section 34. 27 (2) The repealed Act, sections 35 and 36 continue to apply in 28 relation to the persons mentioned in subsection (1) as if the 29 new Act had not commenced. 30 Page 504

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 2 Provisions about assessment and detention under chapters 2 and 3 of repealed Act [s 807] (3) On examination of a person under the repealed Act as applied 1 under subsection (2), a doctor or authorised mental health 2 practitioner may, under the new Act, decide to make a 3 recommendation for assessment for the person. 4 (4) The recommendation for assessment is a recommendation for 5 assessment made under the new Act, section 39. 6 (5) Subsections (6) to (8) apply if, immediately before the 7 commencement, a person-- 8 (a) was being taken to an authorised mental health service 9 under the repealed Act, section 39 by a psychiatrist, 10 police officer or ambulance officer; or 11 (b) was being detained in an authorised mental health 12 service under the repealed Act, section 40. 13 (6) The repealed Act, sections 39 and 40 continue to apply in 14 relation to the persons mentioned in subsection (5). 15 (7) On examination of a person under the repealed Act as applied 16 under subsection (6), a doctor or authorised mental health 17 practitioner may, under the new Act, decide to make a 18 recommendation for assessment for the person. 19 (8) The recommendation for assessment is a recommendation for 20 assessment made under the new Act, section 39. 21 (9) The repealed Act, section 41 continues to apply in relation to 22 a person the subject of an examination mentioned in this 23 section. 24 807 Detention for assessment 25 (1) This section applies if, immediately before the 26 commencement-- 27 (a) a person was detained in an authorised mental health 28 service for assessment under the repealed Act, section 29 44; and 30 (b) the assessment period for the person under that Act had 31 not ended; and 32 Page 505

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 2 Provisions about assessment and detention under chapters 2 and 3 of repealed Act [s 808] (c) an assessment of the person under that Act had not been 1 made. 2 (2) The person is taken to be detained for assessment, and may be 3 dealt with, under the new Act. 4 (3) The assessment period for the person under the new Act is 5 taken to have started when the person's assessment period 6 started under the repealed Act, and may be extended in 7 compliance with the new Act. 8 808 Agreement for assessment 9 (1) This section applies to an agreement for assessment under the 10 repealed Act-- 11 (a) for a person's assessment at an authorised mental health 12 service; and 13 (b) that was in force immediately before the 14 commencement. 15 (2) For the new Act, the agreement for assessment is taken to be 16 an administrator consent under the new Act for the person's 17 transport to an authorised mental health service. 18 (3) If the person has not been taken for assessment to the 19 authorised mental health service within 72 hours from the 20 commencement, a doctor or authorised mental health 21 practitioner must give written notice to the chief psychiatrist 22 of that fact. 23 809 Custodian's assessment authority 24 A custodian's assessment authority under the repealed Act is 25 taken to be a custodian consent under the new Act for the 26 person subject to the authority. 27 810 Taking person to authorised mental health service 28 (1) This section applies if, immediately before the 29 commencement-- 30 Page 506

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 2 Provisions about assessment and detention under chapters 2 and 3 of repealed Act [s 811] (a) a recommendation for assessment and a custodian's 1 assessment authority under the repealed Act were in 2 force for a person; and 3 (b) the person had not been taken to an authorised mental 4 health service, under the recommendation and authority, 5 for assessment. 6 (2) For the purposes of the new Act, the person may be 7 transported to the authorised mental health service under the 8 recommendation and authority. 9 811 Classified patients 10 (1) A classified patient under the repealed Act immediately 11 before the commencement is taken to be a classified patient 12 under the new Act. 13 (2) A classified patient who consented to being treated and was at 14 an authorised mental health service immediately before the 15 commencement is taken to be a classified patient (voluntary). 16 812 Report of authorised doctor 17 (1) This section applies if-- 18 (a) under the repealed Act, section 74, an authorised doctor 19 had given the director a report about a patient; and 20 (b) the director had not considered the report under the 21 repealed Act, section 83 by the commencement. 22 (2) The report is taken to be a notice received by the chief 23 psychiatrist under the new Act, section 82 and the chief 24 psychiatrist must deal with the notice under that section. 25 813 Involuntary treatment orders 26 (1) An involuntary treatment order under the repealed Act that 27 was in force immediately before the commencement is taken 28 to be a treatment authority under the new Act. 29 Page 507

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 2 Provisions about assessment and detention under chapters 2 and 3 of repealed Act [s 813] (2) On the commencement-- 1 (a) the category of the treatment authority is the category of 2 the involuntary treatment order; and 3 (b) the new Act applies in relation to the category of the 4 treatment authority as if the authority had been made 5 under the new Act. 6 (3) Any conditions of the involuntary treatment order, including 7 conditions about limited community treatment, are taken to be 8 conditions of the treatment authority. 9 (4) Subject to section 816, if, under the repealed Act and 10 immediately before the commencement, limited community 11 treatment was authorised under the involuntary treatment 12 order by an authorised doctor, the limited community 13 treatment is taken to be authorised under the new Act. 14 (5) If, immediately before the commencement, the person subject 15 to the involuntary treatment order had not been examined 16 under the repealed Act, section 112 by an authorised 17 psychiatrist, an authorised psychiatrist must review the 18 treatment authority under the new Act, section 56. 19 (6) If, immediately before the commencement, notice of the 20 making of the involuntary treatment order had not been given 21 under the repealed Act, section 113, notice must be given in 22 accordance with the new Act, section 55. 23 (7) An assessment of the person subject to the treatment authority 24 must be made under the new Act, section 205 within 3 months 25 after the commencement. 26 (8) Without limiting subsections (2) to (7)-- 27 (a) for the purposes of the new Act, the treatment authority 28 is taken to have been made when the involuntary 29 treatment order was made under the repealed Act; and 30 (b) the new Act applies in relation to the treatment authority 31 as if it were made under the new Act. 32 (9) To remove any doubt, it is declared that the person subject to 33 the involuntary treatment order is taken to have been subject 34 Page 508

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 3 Provisions about assessment or detention of persons before a court or in custody under chapter 3 of repealed Act [s 814] to the treatment authority for any period during which the 1 person was subject to the order. 2 Part 3 Provisions about assessment 3 or detention of persons before 4 a court or in custody under 5 chapter 3 of repealed Act 6 814 Court assessment order 7 A court assessment order under the repealed Act, section 58 8 that was in effect immediately before the commencement is 9 taken to be an examination order under the new Act. 10 Part 4 Provisions about treatment and 11 care of patients under chapter 12 4 of repealed Act 13 815 Treatment plans 14 (1) This section applies if, before the commencement, a treatment 15 plan was prepared for a patient under the repealed Act, section 16 124. 17 (2) The treatment plan is taken to have been recorded by an 18 authorised doctor in the patient's health records under the new 19 Act, section 202 as the treatment and care planned to be 20 provided to the patient under the new Act. 21 Page 509

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 4 Provisions about treatment and care of patients under chapter 4 of repealed Act [s 816] 816 Limited community treatment 1 (1) This section applies if, immediately before the 2 commencement, limited community treatment was authorised 3 for a patient by an authorised doctor under the repealed Act, 4 section 129 or 131. 5 (2) The limited community treatment is taken to have been 6 authorised under the new Act, chapter 7. 7 (3) If the limited community treatment was authorised under the 8 repealed Act, section 129 or 131 subject to conditions, the 9 conditions are taken to have been imposed under the new Act, 10 chapter 7. 11 817 Monitoring conditions 12 (1) This section applies if, immediately before the 13 commencement, a patient was subject to a monitoring 14 condition imposed under the repealed Act, section 131A. 15 (2) If the patient was a forensic patient, the monitoring condition 16 is taken to have been imposed under the new Act for the same 17 period and on the same conditions. 18 (3) However, if the monitoring condition required the person to 19 wear a tracking device, the monitoring condition stops having 20 effect on the commencement. 21 (4) If the patient was not a forensic patient, the monitoring 22 condition stops having effect on the commencement. 23 Page 510

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 5 Provisions about electroconvulsive therapy under chapter 4 of repealed Act [s 818] Part 5 Provisions about 1 electroconvulsive therapy 2 under chapter 4 of repealed Act 3 818 Consent to electroconvulsive therapy 4 (1) This section applies if, immediately before the 5 commencement, a patient had given informed consent to 6 electroconvulsive therapy under the repealed Act, section 139. 7 (2) The consent is taken to have been given under the new Act, 8 chapter 7, part 9. 9 819 Emergency electroconvulsive therapy 10 (1) This section applies if, immediately before the 11 commencement, a certificate under the repealed Act, section 12 140 for emergency electroconvulsive therapy was in force. 13 (2) The certificate is taken to have been given under the new Act, 14 section 236(3). 15 Part 6 Provisions about movement, 16 transfer and temporary 17 absence of patients under 18 chapter 5 of repealed Act 19 820 Move of patients interstate 20 (1) If, immediately before the commencement, the tribunal had 21 approved the move to another State of a person subject to a 22 forensic order-- 23 (a) the person is taken to have been transferred to the other 24 State under the new Act, chapter 12; and 25 Page 511

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 6 Provisions about movement, transfer and temporary absence of patients under chapter 5 of repealed Act [s 821] (b) to remove any doubt, it is declared that, for the new Act, 1 section 526(3)(b), the 3-year period includes any period 2 before the commencement for which the person was out 3 of Queensland. 4 (2) If an application for approval of a move of a person to an 5 interstate mental health service was made under the repealed 6 Act, section 171 but not decided before the commencement, 7 the application may continue to be heard under the repealed 8 Act as if the new Act had not commenced. 9 (3) If the application is approved, the move is taken to be a 10 transfer approved under the new Act, chapter 12, part 10, 11 division 2. 12 Note-- 13 See the new Act, section 526 in relation to the effect of a transfer on a 14 person's forensic order (mental health), forensic order (disability) or 15 treatment support order. 16 821 Temporary absences 17 (1) This section applies if, immediately before the 18 commencement, the director under the repealed Act had 19 approved a temporary absence under the repealed Act, section 20 186. 21 (2) The temporary absence is taken to be approved by the chief 22 psychiatrist under the new Act, chapter 7 for the same period 23 and on the same conditions. 24 Page 512

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 7 Provisions about tribunal reviews under chapter 6 of repealed Act [s 822] Part 7 Provisions about tribunal 1 reviews under chapter 6 of 2 repealed Act 3 Division 1 Orders and decisions made before 4 commencement 5 822 Particular orders and decisions not given effect before 6 commencement 7 (1) This section applies if-- 8 (a) any of the following was made by the tribunal before the 9 commencement-- 10 (i) an order under the repealed Act, section 191(2)(c) 11 or 203(2)(d) to transfer a patient from 1 authorised 12 mental health service to another; 13 (ii) a decision under the repealed Act, section 14 197(1)(b) that a young patient be transferred from 15 a high security unit to an authorised mental health 16 service that was not a high security unit; and 17 (b) immediately before the commencement, the order or 18 decision had not been given effect. 19 (2) The order or decision must be given effect under the repealed 20 Act as if the new Act had not commenced. 21 823 Particular decisions unaffected by new Act 22 (1) This section applies to any of the following decisions made by 23 the tribunal before the commencement-- 24 (a) a decision under the repealed Act, section 212 about a 25 person's fitness for trial; 26 (b) a decision under the repealed Act, section 233 to 27 approve-- 28 Page 513

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 7 Provisions about tribunal reviews under chapter 6 of repealed Act [s 824] (i) an application for approval to administer 1 electroconvulsive therapy on a person; or 2 (ii) an application for approval to perform 3 psychosurgery that is a non-ablative neurosurgical 4 procedure. 5 (2) The decision continues in effect and is not affected by the 6 commencement of the new Act. 7 Division 2 Reviews and applications not 8 completed before commencement 9 824 Existing applications to tribunal 10 (1) Subsection (2) applies if any of the following applications was 11 made under the repealed Act, chapter 6 but not decided before 12 the commencement-- 13 (a) an application for a review; 14 (b) an application for approval to administer 15 electroconvulsive therapy on a person; 16 (c) an application for approval to perform psychosurgery 17 that is a non-ablative neurosurgical procedure. 18 (2) The review or application may be heard, or continue to be 19 heard, and dealt with under the repealed Act as if the new Act 20 had not commenced. 21 (3) However, the repealed Act, chapter 6, part 5A does not apply. 22 (4) If-- 23 (a) an application for approval to perform psychosurgery 24 was made under the repealed Act, chapter 6 but not 25 decided before the commencement; and 26 (b) the application was not an application mentioned in 27 subsection (1)(c); 28 on the commencement, the application lapses. 29 Page 514

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 7 Provisions about tribunal reviews under chapter 6 of repealed Act [s 825] 825 Existing reviews started other than by an application 1 (1) This section applies if a following review was started under 2 the repealed Act but not decided before the commencement-- 3 (a) a periodic review or review on the tribunal's initiative 4 under chapter 6, part 1 of the application of the 5 treatment criteria to a patient for whom an involuntary 6 treatment order was in force; 7 (b) a periodic review or review on the tribunal's initiative 8 under chapter 6, part 2 of the detention of a young 9 patient in a high security unit for treatment or care; 10 (c) a periodic review or review on the tribunal's initiative 11 under chapter 6, part 3 of a forensic patient's mental 12 condition; 13 (d) a periodic review or review on the tribunal's initiative 14 under chapter 6, part 4 of the mental condition of a 15 person charged with a relevant offence. 16 (2) The review may be heard, or continue to be heard, and dealt 17 with under the repealed Act as if the new Act had not 18 commenced. 19 (3) However, the repealed Act, chapter 6, part 5A does not apply 20 for the purposes of the review. 21 (4) On a review mentioned in subsection (1)(c), if the tribunal 22 confirms the forensic order for the patient, the tribunal must 23 consider each of the following for the purposes of the new 24 Act-- 25 (a) whether to change the category of the forensic order 26 (mental health) or forensic order (disability) to which 27 the person is subject under section 834 or 835; 28 (b) whether to order or approve, or revoke an existing order 29 or approval for, limited community treatment; 30 (c) whether the conditions to which the order is subject 31 remain appropriate. 32 (5) Subsection (4) does not limit the repealed Act, section 203. 33 Page 515

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 7 Provisions about tribunal reviews under chapter 6 of repealed Act [s 826] (6) In this section 1 periodic review means a review under the repealed Act, 2 section 187(1)(a), 194(1)(a), 200(1)(a) or 209(1). 3 826 Effect of tribunal's decision on existing review 4 (1) A decision made by the tribunal on a review dealt with under 5 the repealed Act as continued in effect under this division has 6 effect for the new Act as if the decision were made under the 7 new Act. 8 (2) For subsection (1), the decision takes effect under the new 9 Act-- 10 (a) if the decision was made under the repealed Act, chapter 11 6, part 1--in relation to the treatment authority taken to 12 be made for the person under this part; or 13 (b) if the decision was made under the repealed Act, chapter 14 6, part 3--in relation to the forensic order (mental 15 health) or forensic order (disability) taken to be made 16 for the person under this part. 17 (3) A decision by the tribunal on an application for an approval 18 mentioned in section 824(1)(b) or (c) is taken to have been 19 made under the new Act, chapter 12, part 9. 20 (4) This section is subject to section 828. 21 Division 3 Other provisions 22 827 When first periodic review under new Act must be 23 conducted 24 (1) This section provides for when a periodic review must be 25 conducted by the tribunal under the new Act, if the matter to 26 be reviewed arose under the repealed Act. 27 Page 516

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 7 Provisions about tribunal reviews under chapter 6 of repealed Act [s 827] (2) The first periodic review must be conducted under the new 1 Act as follows-- 2 Type of review Section of new When first periodic review under new under new Act Act under which Act must be conducted first periodic review must be conducted Treatment authority taken to be made for person under s 813 (a) if no s 411(1)(a) 6 weeks after treatment authority was taken to corresponding be made review conducted under repealed Act (b) if 1 s 411(1)(b) 6 months after last periodic review of corresponding corresponding matter under repealed Act was review conducted completed under repealed Act (c) if 2 s 411(1)(c) 6 months after last periodic review of corresponding corresponding matter under repealed Act was reviews completed conducted under repealed Act (d) if 3 or more s 411(1)(d) 12 months after last periodic review of corresponding corresponding matter under repealed Act was reviews completed conducted under repealed Act Detention of a minor in a high security unit (detention started before commencement) (a) if no s 497(1)(a) 7 days after the detention started corresponding review conducted under repealed Act (b) if 1 or more s 497(1)(b) 3 months after last periodic review of corresponding corresponding matter under repealed Act was reviews completed conducted under repealed Act Page 517

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 7 Provisions about tribunal reviews under chapter 6 of repealed Act [s 827] Type of review Section of new When first periodic review under new under new Act Act under which Act must be conducted first periodic review must be conducted Forensic order (mental health) or forensic order (disability) taken to have been made under s 834 or 835 (a) if no s 431(1)(a) 6 months after order taken to have been made corresponding review conducted under repealed Act (b) if 1 or more s 431(1)(b) 6 months after last periodic review of corresponding corresponding matter under repealed Act was reviews completed conducted under repealed Act Person's fitness for trial--relevant court decision or jury finding made before commencement (a) if no s 484(1)(a) 3 months from the day of the relevant court corresponding decision or jury finding review conducted under repealed Act (b) if 1 or more s 484(1)(b) (a) during the year starting on the day of corresponding the relevant court decision or jury reviews finding--3 months after last periodic conducted under review of corresponding matter under repealed Act repealed Act was completed (b) after the period mentioned in paragraph (a)--6 months after last periodic review of corresponding matter under repealed Act was completed (3) In this section-- 1 corresponding review, under the repealed Act for a review 2 under the new Act, means-- 3 (a) for a review under the new Act of a treatment authority 4 taken to be made for a person under section 813--a 5 periodic review of the application of the treatment 6 criteria to the person for whom an involuntary treatment 7 Page 518

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 7 Provisions about tribunal reviews under chapter 6 of repealed Act [s 828] order was in force under the repealed Act, chapter 6, 1 part 1; or 2 (b) for a review under the new Act of the detention of a 3 minor in a high security unit--a periodic review of the 4 detention of a young patient in a high security unit for 5 treatment or care under the repealed Act, chapter 6, part 6 2; or 7 (c) for a review under the new Act of a forensic order 8 (mental health) or forensic order (disability) taken to be 9 made for a person under section 834 or 835--a periodic 10 review of the forensic patient's mental condition under 11 the repealed Act, chapter 6, part 3; or 12 (d) for a review under the new Act of a person's fitness for 13 trial--a periodic review of the person's mental condition 14 under the repealed Act, chapter 6, part 4. 15 periodic review, under the repealed Act, means a review under 16 the repealed Act, section 187(1)(a), 194(1)(a), 200(1)(a) or 17 209(1)(a). 18 relevant court decision or jury finding, for a review of a 19 person's fitness for trial, means-- 20 (a) the decision made by the Mental Health Court under the 21 repealed Act that the person was unfit for trial and the 22 unfitness for trial was not of a permanent nature; or 23 (b) the jury's section 613 or 645 finding within the meaning 24 of the repealed Act in relation to the person. 25 828 Discontinuing proceeding for offence following review of 26 fitness for trial 27 (1) This section applies if-- 28 (a) before the commencement on a reference under the 29 repealed Act the Mental Health Court decided a person 30 was unfit for trial and the unfitness for trial was not of a 31 permanent nature; and 32 Page 519

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 8 Provisions about examinations, references and orders under chapter 7 of repealed Act [s 829] (b) the proceeding against the person for the offence was 1 not discontinued or the person had not been found fit for 2 trial. 3 (2) For a review of the person's fitness for trial under the new Act, 4 if the tribunal decides the person is unfit for trial, chapter 12, 5 part 6, division 2, applies as if-- 6 (a) the decision of Mental Health Court mentioned in 7 subsection (1)(a) were the finding of unfitness in 8 relation to the person; and 9 (b) a period mentioned in the repealed Act, section 10 215(3)(a) or (b) were a period that must be disregarded 11 under the new Act, section 489(3). 12 829 Non-contact order ends 13 A non-contact order made under the repealed Act and in effect 14 immediately before the commencement stops having effect on 15 the commencement. 16 Part 8 Provisions about examinations, 17 references and orders under 18 chapter 7 of repealed Act 19 Division 1 Examinations under chapter 7, part 20 2 of repealed Act 21 830 Making of reference under repealed Act by director or 22 director of public prosecutions 23 (1) This section applies if-- 24 Page 520

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 8 Provisions about examinations, references and orders under chapter 7 of repealed Act [s 831] (a) before the commencement, the director was satisfied the 1 repealed Act, chapter 7, part 2 applied to an involuntary 2 patient; and 3 (b) immediately before the commencement, the director had 4 not under the repealed Act, section 240(1) referred the 5 matter of the patient's mental condition relating to the 6 offence with which the patient was charged to the 7 Mental Health Court or director of public prosecutions. 8 (2) The repealed Act, chapter 7, parts 1 to 3 continues to apply, as 9 if the new Act had not commenced. 10 (3) A reference made to the Mental Health Court under the 11 repealed Act, section 240 or 247 as applied by this section is 12 taken to have been made under the new Act. 13 Division 2 References 14 831 Application of div 2 15 This division applies if-- 16 (a) before the commencement, a reference of a person's 17 mental condition was made to the Mental Health Court 18 under the repealed Act; and 19 (b) immediately before the commencement, the reference 20 had not been decided by the court. 21 832 Hearing of reference continues under repealed Act 22 (1) The reference may be heard, or continue to be heard, and dealt 23 with under the repealed Act as if the new Act had not 24 commenced. 25 Note-- 26 See also section 856 in relation to suspension of the proceeding against 27 the person for the unlawful act to which the reference relates. 28 Page 521

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 8 Provisions about examinations, references and orders under chapter 7 of repealed Act [s 833] (2) A decision or order made by the court under the repealed Act, 1 chapter 7, part 6 is taken to have been made under the new 2 Act, chapter 5. 3 (3) Without limiting subsection (2)-- 4 (a) an order made by the court under the repealed Act, 5 section 273 is taken to have been made under the new 6 Act, section 124; and 7 (b) limited community treatment approved for the patient 8 by the court under the repealed Act, section 275 is taken 9 to be approved under the new Act. 10 (4) Despite subsection (1), the repealed Act, sections 278 and 279 11 do not apply if the court orders the detention of the patient in 12 an authorised mental health service. 13 (5) If the proceeding for the offence alleged to have been 14 committed by the person is stayed under the repealed Act, 15 section 280, the stay ends in accordance with the new Act. 16 833 Appeal against Mental Health Court's decision 17 (1) An appeal against a decision of the Mental Health Court on 18 the reference may be started under the repealed Act, chapter 8, 19 part 2. 20 (2) The Court of Appeal may hear and decide the appeal under 21 the repealed Act as if the new Act had not commenced. 22 Division 3 Forensic orders (Mental Health 23 Court) and forensic orders (Mental 24 Health Court--Disability) 25 834 Forensic order (Mental Health Court) 26 (1) This section applies to a forensic order (Mental Health Court) 27 under the repealed Act that-- 28 (a) was in force immediately before the commencement; or 29 Page 522

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 8 Provisions about examinations, references and orders under chapter 7 of repealed Act [s 835] (b) is made after the commencement under this chapter. 1 (2) The order is taken to be a forensic order (mental health) under 2 the new Act. 3 (3) On the commencement or relevant start day-- 4 (a) the category of the forensic order (mental health) is 5 inpatient; and 6 (b) the new Act applies in relation to the category of the 7 forensic order (mental health) as if the order had been 8 made under the new Act. 9 (4) Any conditions of the forensic order (Mental Health Court), 10 including a non-contact condition, are taken to be conditions 11 of the forensic order (mental health). 12 (5) Without limiting subsections (1) to (4)-- 13 (a) for the purposes of the new Act, the forensic order 14 (mental health) is taken to have been made when the 15 forensic order (Mental Health Court) was or is made 16 under the repealed Act; and 17 (b) the new Act applies in relation to the forensic order 18 (mental health) as if it were made under the new Act. 19 (6) To remove any doubt, it is declared that the person subject to 20 the forensic order (Mental Health Court) is taken to have been 21 subject to the forensic order (mental health) for any period 22 during which the person was subject to the forensic order 23 (Mental Health Court). 24 (7) In this section-- 25 relevant start day, for a forensic order (mental health) taken to 26 have been made after the commencement under this chapter, 27 means the day the order is taken to have been made. 28 835 Forensic order (Mental Health Court--Disability) 29 (1) This section applies to a forensic order (Mental Health 30 Court--Disability) under the repealed Act that-- 31 Page 523

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 8 Provisions about examinations, references and orders under chapter 7 of repealed Act [s 835] (a) was in force immediately before the commencement; or 1 (b) is made after the commencement under this chapter. 2 (2) The order is taken to be a forensic order (disability) under the 3 new Act. 4 (3) On the commencement or relevant start day-- 5 (a) the category of the forensic order (disability) is 6 inpatient; and 7 (b) the new Act applies in relation to the category of the 8 forensic order (disability) as if the order had been made 9 under the new Act. 10 (4) Any conditions of the forensic order (Mental Health 11 Court--Disability), including a non-contact condition, are 12 taken to be conditions of the forensic order (disability). 13 (5) Without limiting subsections (1) to (4)-- 14 (a) for the purposes of the new Act, the forensic order 15 (disability) is taken to have been made when the 16 forensic order (Mental Health Court--Disability) was 17 made under the repealed Act; and 18 (b) the new Act applies in relation to the forensic order 19 (disability) as if it were made under the new Act. 20 (6) To remove any doubt, it is declared that the person subject to 21 the forensic order (Mental Health Court--Disability) is taken 22 to have been subject to the forensic order (disability) for any 23 period during which the person was subject to the forensic 24 order (Mental Health Court--Disability). 25 (7) In this section-- 26 relevant start day, for a forensic order (disability) taken to 27 have been made after the commencement under this chapter, 28 means the day the order is taken to have been made. 29 Page 524

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 8 Provisions about examinations, references and orders under chapter 7 of repealed Act [s 836] 836 Limited community treatment for forensic patient 1 (1) This section applies to a forensic order (mental health) or 2 forensic order (disability) taken to have been made for a 3 person under this division. 4 (2) If, under the repealed Act, limited community treatment for 5 the person was ordered or approved by the Mental Health 6 Court or the tribunal, or authorised by an authorised doctor-- 7 (a) the limited community treatment is taken to be ordered 8 or approved, or authorised, under the new Act; and 9 (b) the nature and extent of the limited community 10 treatment continues unaffected by the commencement 11 of the new Act. 12 (3) If the limited community treatment was authorised under the 13 repealed Act by an authorised doctor, the authorisation may 14 be amended or revoked by an authorised doctor under the 15 repealed Act as if the new Act had not commenced. 16 (4) However, subsection (3) does not apply if the forensic order 17 (mental health) or forensic order (disability) has been 18 reviewed under the new Act. 19 837 Review of forensic order under new Act 20 (1) This section applies to a forensic order (mental health) or 21 forensic order (disability) taken to have been made for a 22 person under this division. 23 (2) When the tribunal first reviews the order under the new Act, 24 chapter 12, the tribunal must, if it confirms the order, consider 25 the following-- 26 (a) whether the category of the order should be-- 27 (i) inpatient; or 28 (ii) community; 29 (b) whether to order or approve, or revoke an existing order 30 or approval for, limited community treatment; 31 Page 525

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 8 Provisions about examinations, references and orders under chapter 7 of repealed Act [s 838] (c) whether the conditions to which the order is subject 1 remain appropriate. 2 (3) This section does not limit the powers of the tribunal under 3 the new Act, chapter 12, part 3. 4 Division 4 Other provisions 5 838 Order approving interstate transfer under s 288B of 6 repealed Act 7 (1) This section applies if, before the commencement under a 8 forensic order (Mental Health Court) or forensic order 9 (Mental Health Court--Disability), the Mental Health Court 10 approved a patient move out of Queensland. 11 (2) On the commencement, the approval is taken to be an 12 approval for the transfer of the patient given under the new 13 Act, chapter 12, part 10, division 2. 14 (3) To remove any doubt, it is declared that, for the new Act, 15 section 526(3)(b), the 3-year period includes any period 16 before the commencement for which the person was out of 17 Queensland. 18 Note-- 19 See the new Act, section 526 in relation to the effect of a transfer on a 20 person's forensic order (mental health), forensic order (disability) or 21 treatment support order. 22 839 Forensic order (Criminal Code) 23 To remove any doubt, it is declared that the new Act applies in 24 relation to a forensic order (Criminal Code) within the 25 meaning of the repealed Act that was made before the 26 commencement. 27 Page 526

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 8 Provisions about examinations, references and orders under chapter 7 of repealed Act [s 840] 840 Custody order 1 (1) This section applies if a custody order was in effect under the 2 repealed Act immediately before the commencement. 3 (2) The repealed Act, chapter 7, part 7, division 2, subdivision 3 4 continues to apply in relation to the custody order. 5 841 Forensic order (Minister) 6 (1) This section applies if a forensic order (Minister) is-- 7 (a) in effect for a person immediately before the 8 commencement; or 9 (b) made under the repealed Act, chapter 7, part 7, division 10 2, subdivision 3 as continued in effect under section 11 840(2). 12 (2) From the commencement or relevant start day, the order is 13 taken to be a forensic order (mental health) under the new Act. 14 (3) On the commencement or relevant start day-- 15 (a) the category of the forensic order (mental health) is 16 inpatient; and 17 (b) the new Act applies in relation to the category of the 18 forensic order (mental health) as if the order had been 19 made under the new Act. 20 (4) Without limiting subsections (1) to (3)-- 21 (a) for the purposes of the new Act, the forensic order 22 (mental health) is taken to have been made when the 23 forensic order (Minister) was made under the repealed 24 Act; and 25 (b) the new Act applies in relation to the forensic order 26 (mental health) as if it were made under the new Act. 27 (5) In this section-- 28 relevant start day, for a forensic order (Minister) mentioned 29 in subsection (1)(b), means the day the order is made. 30 Page 527

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 9 Provisions about information orders under chapter 7A of repealed Act [s 842] 842 Forensic disability client temporarily detained in 1 authorised mental health service 2 (1) This section applies if, immediately before the 3 commencement, a forensic disability client was detained in an 4 authorised mental health service under the repealed Act, 5 section 309B. 6 (2) The repealed Act, section 309B continues to apply for the 7 detention of the client in the authorised mental health service. 8 Part 9 Provisions about information 9 orders under chapter 7A of 10 repealed Act 11 843 Forensic information orders 12 (1) This section applies if, immediately before the 13 commencement, a person was entitled to receive information 14 for a patient under a forensic information order under the 15 repealed Act. 16 (2) The person is taken to be entitled to receive the information 17 mentioned in the new Act, schedule 1 under an information 18 notice under the new Act. 19 844 Classified patient information orders 20 (1) This section applies if, immediately before the 21 commencement, a person was entitled to receive information 22 for a patient under a classified patient information order under 23 the repealed Act. 24 (2) The information may continue to be disclosed to the person 25 for the purposes of the new Act, chapter 17. 26 Page 528

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 10 Provisions about security of authorised mental health services under chapter 10 of repealed Act [s 845] Part 10 Provisions about security of 1 authorised mental health 2 services under chapter 10 of 3 repealed Act 4 845 Exclusion of visitors 5 (1) This section applies if, immediately before the 6 commencement, the administrator of an authorised mental 7 health service had given a notice, under the repealed Act, 8 section 374, to a person refusing to allow the person to visit a 9 patient in the health service. 10 (2) The notice is taken to have been given under the new Act, 11 section 406. 12 Part 11 Provisions about Mental Health 13 Court under chapter 11 of 14 repealed Act 15 846 Mental Health Court registry 16 (1) The Mental Health Court Registry established under the 17 repealed Act continues in existence under the new Act. 18 (2) Without limiting subsection (1), the employment of the 19 registrar and other staff under the repealed Act immediately 20 before the commencement is not affected by the 21 commencement of the new Act. 22 847 Court examination order 23 (1) This section applies if-- 24 Page 529

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 12 Miscellaneous [s 848] (a) a court examination order was made under the repealed 1 Act, section 422 before the commencement; and 2 (b) immediately before the commencement, the person was 3 detained under the repealed Act, section 424(5). 4 (2) The court examination order continues in effect under the 5 repealed Act as if the new Act had not commenced. 6 (3) The repealed Act, sections 422 to 425 continue to apply for 7 the purposes of the person's examination and detention under 8 the order. 9 848 Inquiry into detention of patient in authorised mental 10 health service 11 An inquiry started by the Mental Health Court under the 12 repealed Act, chapter 11, part 9 but not completed before the 13 commencement may be completed under the repealed Act as 14 if the new Act had not commenced. 15 Part 12 Miscellaneous 16 849 Mental Health Court, tribunal or another court may make 17 orders about transition from repealed Act to new Act 18 (1) If this chapter makes no or insufficient provision for the 19 transition to the new Act of a matter before a court, the court 20 may make the order it considers appropriate. 21 (2) The order may be made-- 22 (a) on application of the chief psychiatrist or a party to a 23 proceeding before the court; or 24 (b) on the initiative of the court. 25 (3) In this section-- 26 Page 530

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 12 Miscellaneous [s 850] court means the Mental Health Court, the tribunal or another 1 court. 2 850 Notices generally 3 (1) Subsection (2) applies if, immediately before the 4 commencement, a person was required under a provision of 5 the repealed Act to give written or other notice about a 6 particular matter under the repealed Act and had not given the 7 notice. 8 (2) The person must give the notice under the provision of the 9 new Act that deals with similar matters to the matters for 10 which notice was required to be given under the repealed Act. 11 (3) Subsection (4) applies if-- 12 (a) a person has given a written or other notice about a 13 particular matter under the repealed Act; and 14 (b) on the commencement, a person who would have been 15 required or authorised to do something under the 16 repealed Act on receiving the notice has not yet done the 17 thing; and 18 (c) a provision of the new Act deals with similar matters to 19 the matters for which the notice was required to be given 20 under the repealed Act and requires or authorises a 21 person to do something on receiving notice of the 22 matters. 23 (4) The requirement or authorisation under the new Act applies in 24 relation to the person required or authorised to do the thing. 25 851 Records made under repealed Act 26 (1) A record about a person that the administrator of an 27 authorised mental health service was required to keep under 28 the repealed Act immediately before the commencement must 29 be kept with the patient's health records mentioned in the new 30 Act, section 334. 31 Page 531

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 12 Miscellaneous [s 852] (2) Subsection (1) applies subject to a direction made by the chief 1 psychiatrist. 2 852 Material submitted by victim or concerned person 3 (1) Material submitted to the Mental Health Court under the 4 repealed Act, section 284 is taken to be a victim impact 5 statement given to the court for the purposes of the new Act. 6 (2) Material submitted to the tribunal under the repealed Act, 7 section 464 is taken to be a victim impact statement given to 8 the tribunal for the purposes of the new Act. 9 853 Subpoenas 10 A subpoena issued under the repealed Act before the 11 commencement is taken to have been issued under the new 12 Act. 13 854 Authorised mental health services and high security 14 units 15 (1) An authorised mental health service under the repealed Act is 16 an authorised mental health service under the new Act. 17 (2) A high security unit under the repealed Act is a high security 18 unit under the new Act. 19 855 Office holders 20 (1) This section applies to a person holding office under the 21 repealed Act, by appointment or otherwise, immediately 22 before the commencement if the person's office is provided 23 for under the new Act. 24 (2) The person continues to hold the office under the new Act. 25 Example of persons who continue to hold office under the new Act-- 26 • the administrator of an authorised mental health service or high 27 security unit 28 Page 532

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 12 Miscellaneous [s 856] • an authorised doctor or authorised mental health practitioner 1 • the president and other members of the Mental Health Court 2 • the registrar of the Mental Health Court 3 • the president and other members, and executive officer, of the 4 tribunal 5 (3) If the name of the office has changed under the new Act, the 6 person holds office under the changed name. 7 (4) Without limiting subsection (3)-- 8 (a) the director under the repealed Act is the chief 9 psychiatrist on the commencement; and 10 (b) an assisting psychiatrist is an assisting clinician on the 11 commencement. 12 (5) The person holds office-- 13 (a) for the remainder of the term, if any, provided for under 14 the repealed Act; and 15 (b) on the conditions provided for under the new Act. 16 856 Suspended proceedings 17 (1) This section applies to a proceeding for an offence if, 18 immediately before the commencement, the proceeding was 19 suspended under the repealed Act. 20 (2) The suspension ends in accordance with the new Act. 21 857 Reviews relating to serious risks 22 (1) This section applies to a review under the repealed Act, 23 section 493AC if the review was started but not completed 24 before the commencement. 25 (2) The review may be continued under the new Act, chapter 10, 26 part 5 by the chief psychiatrist as if the chief psychiatrist were 27 directed to undertake the review under that part. 28 Page 533

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 12 Miscellaneous [s 858] 858 Appeals 1 (1) An appeal against a decision mentioned in the repealed Act, 2 section 319 made before the commencement may be started or 3 continued under the repealed Act, chapter 8, part 1. 4 (2) The Mental Health Court may hear, or continue to hear, and 5 decide the appeal under the repealed Act as if the new Act has 6 not commenced. 7 (3) An appeal against a decision of the Mental Health Court on a 8 reference made before the commencement may be started or 9 continued under the repealed Act, chapter 8, part 2. 10 (4) The Court of Appeal may hear, or continue to hear, and decide 11 the appeal under the repealed Act as if the new Act had not 12 commenced. 13 (5) For giving effect to a decision under subsection (2) or (4), the 14 court may make the orders it considers necessary having 15 regard to the new Act. 16 859 Annual reports 17 (1) This section applies if a person was required to give a report 18 under the repealed Act, section 435, 487 or 494 (each a 19 previous section) and the report has not been given before the 20 commencement. 21 (2) The person is not required to give the report. 22 (3) If, under subsection (2), the person does not give the report, 23 the first report given under a provision of the new Act that 24 corresponds to the previous section must include the matters 25 that would have been required to be included in the report 26 under the previous section. 27 860 References to orders and authorities under repealed Act 28 A reference in a document to an order or authority under the 29 repealed Act may, if the context permits, be taken to include a 30 Page 534

Mental Health Bill 2015 Chapter 20 Transitional provisions Part 12 Miscellaneous [s 861] reference to a corresponding order or authority provided for 1 under the new Act. 2 861 Application of new Act, s 418 3 The new Act, section 418 does not apply to a review under the 4 new Act, section 411(1)(c) until 1 year after the 5 commencement of section 411. 6 862 Transitional regulation-making power 7 (1) A regulation (a transitional regulation) may make provision 8 about a matter for which-- 9 (a) it is necessary to make provision to allow or facilitate 10 the doing of anything to achieve the transition from the 11 operation of the repealed Act to the operation of the new 12 Act; and 13 (b) the new Act does not make provision or sufficient 14 provision. 15 (2) A transitional regulation may have retrospective operation to a 16 day not earlier than the day of commencement. 17 (3) A transitional regulation must declare it is a transitional 18 regulation. 19 (4) This section and any transitional regulation expire 1 year after 20 the day of the commencement. 21 Page 535

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 1 Amendment of this Act [s 863] Chapter 21 Amendment of Acts 1 Part 1 Amendment of this Act 2 863 Act amended 3 This part amends this Act. 4 864 Amendment of long title 5 Long title, from ', to repeal'-- 6 omit. 7 Part 2 Amendment of Criminal Code 8 865 Code amended 9 This part amends the Criminal Code. 10 866 Amendment of ss 145A(a), 227C(3), definition lawful 11 custody, 266 and 358 12 Sections 145A(a), 227C(3), definition lawful custody, 266 and 358, 13 'Mental Health Act 2000'-- 14 omit, insert-- 15 Mental Health Act 2015 16 867 Amendment of s 613 (Want of understanding of accused 17 person) 18 Section 613(3), from 'kept in custody'-- 19 omit, insert-- 20 Page 536

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 2 Amendment of Criminal Code [s 868] admitted to an authorised mental health service to be 1 dealt with under the Mental Health Act 2015. 2 868 Amendment of s 645 (Accused person insane during trial) 3 Section 645(1), from 'kept in strict custody'-- 4 omit, insert-- 5 admitted to an authorised mental health service to be 6 dealt with under the Mental Health Act 2015. 7 869 Amendment of s 647 (Acquittal on ground of insanity) 8 Section 647(1), from 'kept in strict custody'-- 9 omit, insert-- 10 admitted to an authorised mental health service to be 11 dealt with under the Mental Health Act 2015. 12 870 Amendment of s 668F (Powers of Court in special cases) 13 Section 668F(4), 'kept in strict custody'-- 14 omit, insert-- 15 admitted to an authorised mental health service to be 16 dealt with under the Mental Health Act 2015 17 871 Amendment of s 678 (Definitions) 18 Section 678(1), definition acquittal, paragraph (b)(ii), 'Mental 19 Health Act 2000, section 281'-- 20 omit, insert-- 21 Mental Health Act 2015, section 119 22 Page 537

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 872] Part 3 Amendment of Forensic 1 Disability Act 2011 2 872 Act amended 3 This part amends the Forensic Disability Act 2011. 4 873 Amendment of s 4 (How purpose is to be achieved) 5 Section 4(d)(iii), 'limited'-- 6 omit. 7 874 Amendment of s 6 (Application of Act) 8 Section 6, 'forensic order (Mental Health Court--Disability)'-- 9 omit, insert-- 10 forensic order (disability) 11 875 Amendment of s 7 (General principles) 12 Section 7(e), second dot point, example-- 13 omit. 14 876 Amendment of s 10 (Who is a forensic disability client) 15 (1) Section 10(1) to (4)-- 16 omit, insert-- 17 (1) A forensic disability client is an adult who has an 18 intellectual or cognitive disability for whom a 19 forensic order (disability) is in force if, under the 20 Mental Health Act, the forensic disability service 21 is responsible for the adult. 22 Note-- 23 Page 538

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 877] See the Mental Health Act, section 147 in relation to 1 who is responsible for an adult for whom a forensic 2 order (disability) is in force. 3 (2) Section 10(5), 'limited'-- 4 omit. 5 (3) Section 10(5)-- 6 renumber as section 10(2). 7 877 Amendment of s 14 (Preparing plan for client) 8 Section 14(6), definition relevant plans, paragraph (c), 'treatment 9 plan under the Mental Health Act applying to the client'-- 10 omit, insert-- 11 planned treatment and care recorded in the client's 12 health records under the Mental Health Act 13 878 Amendment of s 15 (Content of plan) 14 Section 15(3), note, 'limited'-- 15 omit. 16 879 Replacement of ch 2, pt 2, hdg (Limited community 17 treatment) 18 Chapter 2, part 2, heading-- 19 omit, insert-- 20 Part 2 Community treatment 21 880 Amendment of s 20 (Authorising limited community 22 treatment) 23 (1) Section 20, 'limited'-- 24 omit. 25 (2) Section 20(2), from 'only if'-- 26 Page 539

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 880] omit, insert-- 1 only if-- 2 (a) the tribunal or Mental Health Court has 3 ordered or approved the community 4 treatment; and 5 (b) the senior practitioner is satisfied, having 6 regard to the matters stated in subsection 7 (3), there is not an unacceptable risk to the 8 safety of the community, because of the 9 client's intellectual or cognitive disability, 10 including the risk of serious harm to other 11 persons or property. 12 (3) Section 20-- 13 insert-- 14 (3) For subsection (2), the senior practitioner must 15 have regard to the following matters-- 16 (a) for limited community treatment--the fact 17 that the purpose of limited community 18 treatment is to support the client's 19 rehabilitation by transitioning the client to 20 living in the community with appropriate 21 care and support; 22 (b) the client's current mental state and 23 intellectual disability; 24 (c) the client's social circumstances, including, 25 for example, family and social support; 26 (d) the client's response to care and support 27 including, if relevant, the client's response 28 to care and support in the community; 29 (e) the client's willingness to continue to 30 receive appropriate care and support; 31 (f) the nature of the unlawful act that led to the 32 making of the applicable forensic order and 33 Page 540

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 881] the amount of time that has passed since the 1 act occurred. 2 (4) Also, if the senior practitioner authorises the 3 community treatment, the senior practitioner 4 must have regard to the matters mentioned in 5 subsection (3) in deciding the nature and 6 conditions of the community treatment. 7 881 Amendment of s 21 (Limited community treatment on 8 order of tribunal or Mental Health Court) 9 (1) Section 21, heading, 'Limited community'-- 10 omit, insert-- 11 Community 12 (2) Section 21, 'limited'-- 13 omit. 14 882 Amendment of s 22 (What individual development plan 15 must state about limited community treatment) 16 Section 22, 'limited'-- 17 omit. 18 883 Amendment of s 26 (Who is allied person if client does 19 not have capacity to choose) 20 Section 26(2), 'or the Mental Health Act'-- 21 omit. 22 884 Insertion of new ch 4, pts 3 and 4 23 Chapter 4-- 24 insert-- 25 Page 541

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 884] Part 3 Temporary absence 1 32A Absence of client with director's approval 2 (1) The director may, by written notice, approve the 3 absence of a forensic disability client from the 4 forensic disability service-- 5 (a) to receive medical, dental or optical 6 treatment; or 7 (b) to appear before a court, tribunal or other 8 body; or 9 (c) for another purpose the director considers to 10 be appropriate on compassionate grounds. 11 (2) The notice must state the approved period of 12 absence. 13 (3) The approval may be given on the conditions the 14 director considers appropriate, including, for 15 example, a condition that the client is to be in the 16 care of a stated person for the period of absence. 17 Part 4 Rights of allied person 18 32B Allied person to be notified of transfer of 19 responsibility for forensic disability client 20 (1) This section applies if the responsibility for a 21 forensic disability client is transferred, under 22 section 113A or the Mental Health Act, chapter 23 11, part 5-- 24 (a) from the forensic disability service to an 25 authorised mental health service; or 26 (b) from an authorised mental health service to 27 the forensic disability service. 28 Page 542

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 885] (2) The administrator must give the client's allied 1 person notice of the transfer of responsibility for 2 the client. 3 (3) Subsection (2) does not apply if the allied person 4 is the client's nominated support person under the 5 Mental Health Act. 6 885 Omission of ch 5 (Transfer and temporary absence of 7 forensic disability clients) 8 Chapter 5-- 9 omit. 10 886 Amendment of s 47 (Relationship with Disability Services 11 Act) 12 Section 47(a), 'limited'-- 13 omit. 14 887 Amendment of s 84 (Procedure for appeal) 15 (1) Section 84(1), '376 to 380'-- 16 omit, insert-- 17 532 to 535 18 (2) Section 84(2)-- 19 omit, insert-- 20 (2) For subsection (1), the Mental Health Act, 21 section 532(2) applies as if a reference to a 22 decision notice were a reference to the notice of 23 the decision required to be given under section 24 82(2). 25 Page 543

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 888] 888 Amendment of s 91 (Policies and procedures about 1 detention, care and support of clients) 2 Section 91(2)(c), 'special notification clients'-- 3 omit, insert-- 4 forensic disability clients for whom the offence 5 leading to the making of the applicable forensic order 6 is a prescribed offence within the meaning of the 7 Mental Health Act 8 889 Omission of s 92 (Giving information about client to 9 director (mental health) or nominee) 10 Section 92-- 11 omit. 12 890 Omission of s 98 (Administrator's obligation to ensure 13 forensic order is given effect) 14 Section 98-- 15 omit. 16 891 Amendment of s 113 (Taking client to forensic disability 17 service or authorised mental health service) 18 (1) Section 113(1)(f), 'the Mental Health Act, section 309B has 19 ended.' and note-- 20 omit, insert-- 21 section 113A has ended. 22 (2) Section 113(2)(b)(ii)-- 23 omit, insert-- 24 (ii) the director and the chief psychiatrist 25 agree that the client be taken to the 26 authorised mental health service for 27 temporary detention under section 1 Page 544

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 892] 113A. 2 (3) Section 113(2)(b), note-- 3 omit. 4 (4) Section 113(3)(a) and (b)-- 5 omit, insert-- 6 (a) if the client is to be detained in the forensic 7 disability service--the forensic disability 8 service; or 9 (b) if the client is to undertake community 10 treatment--the place where the client is to 11 undertake the community treatment. 12 (5) Section 113(4), 'limited'-- 13 omit. 14 (6) Section 113(4) to (6), 'a health practitioner'-- 15 omit, insert-- 16 an authorised person under the Mental Health Act 17 (7) Section 113(4), 'director (mental health)'-- 18 omit, insert-- 19 chief psychiatrist 20 (8) Section 113(9)-- 21 omit. 22 892 Insertion of new s 113A 23 Chapter 9, part 1-- 24 insert-- 25 Page 545

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 893] 113A Temporary admission of client to authorised 1 mental health service 2 (1) This section applies if a client is taken to an 3 authorised mental health service under section 4 113. 5 (2) The director and the chief psychiatrist may agree 6 to transfer responsibility for the client from the 7 forensic disability service to the authorised 8 mental health service for an agreed period. 9 Note-- 10 See the Mental Health Act, section 147 in relation to 11 who is responsible for an adult subject to a forensic 12 order (disability). 13 (3) Subject to subsection (4), the agreed period must 14 not be more than 3 days. 15 (4) The director and the chief psychiatrist may agree 16 that the client be detained in the authorised 17 mental health service for more than 3 days if-- 18 (a) both the director and the chief psychiatrist 19 are satisfied it is in the client's best interests 20 to do so having regard to the client's health 21 and safety; and 22 (b) the director has given the chief psychiatrist 23 written notice detailing the arrangements for 24 returning the responsibility for the client to 25 the forensic disability service, by the end of 26 the longer period. 27 (5) The chief psychiatrist must give written notice of 28 an agreement mentioned in subsection (2) or (4) 29 to the administrator of the authorised mental 30 health service. 31 893 Amendment of s 114 (Application of pt 2) 32 Section 114, 'limited'-- 33 Page 546

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 894] omit. 1 894 Amendment of s 115 (Entry of places) 2 Section 115, 'limited'-- 3 omit. 4 895 Amendment of s 116 (Offences relating to ill-treatment) 5 Section 116(1)(c), 'limited'-- 6 omit. 7 896 Amendment of s 117 (Offences relating to forensic 8 disability clients absconding) 9 Section 117(1)(d)-- 10 omit. 11 897 Amendment of s 122 (Confidentiality of 12 information--other persons) 13 (1) Section 122(2), 'or section 123'-- 14 omit. 15 (2) Section 122(3)(d), 'director (mental health)'-- 16 omit, insert-- 17 chief psychiatrist 18 898 Omission of s 123 (Disclosure of confidential 19 information) 20 Section 123-- 21 omit. 22 Page 547

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 899] 899 Amendment of s 126 (Evidentiary provisions) 1 Section 126(2)(a)(ii), 'director (mental health)'-- 2 omit, insert-- 3 chief psychiatrist 4 900 Amendment of s 128 (Protection of officials from liability) 5 Section 128(3), definition official, paragraph (b), 'director (mental 6 health)'-- 7 omit, insert-- 8 chief psychiatrist 9 901 Omission of ch 10 (Application of Mental Health Act) 10 Chapter 10-- 11 omit. 12 902 Amendment of s 141 (Review by director) 13 (1) Section 141(4), '202 for the hearing of a review of the client's 14 mental condition'-- 15 omit, insert-- 16 437 for the hearing of a review of the forensic order 17 (disability) to which the client is subject 18 (2) Section 141(5)(c)-- 19 omit, insert-- 20 (c) any period for which the administrator of an 21 authorised mental health service was 22 responsible for the client under section 147 23 of the Mental Health Act. 24 (3) Section 141(5), example, 'limited'-- 25 omit. 26 Page 548

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 903] 903 Omission of s 142 (Transfer from forensic disability 1 service to authorised mental health service) 2 Section 142-- 3 omit. 4 904 Amendment of s 144 (Administration of medication for 5 particular purposes) 6 (1) Section 144(1)-- 7 omit. 8 (2) Section 144(2), 'also'-- 9 omit. 10 (3) Section 144(2), 'a client to'-- 11 omit, insert-- 12 a forensic disability client to or from 13 905 Omission of s 149 (Director taken to have complied with 14 particular requirements) 15 Section 149-- 16 omit. 17 906 Omission of s 152 (Care of client detained temporarily in 18 authorised mental health service) 19 Section 152-- 20 omit. 21 907 Amendment of s 155 (Use of reasonable force) 22 Section 155(1)(a), '37, 113(2) or (3)'-- 23 omit, insert-- 24 113(2) or (3) 25 Page 549

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 908] 908 Amendment of ch 13, hdg (Transitional provision) 1 Chapter 13, heading, 'provision'-- 2 omit, insert-- 3 provisions 4 909 Insertion of new ch 13, pt 1, hdg 5 Chapter 13, before section 160-- 6 insert-- 7 Part 1 Transitional provision 8 for Forensic Disability 9 Act 2011 10 910 Insertion of new ch 13, pt 2 11 Chapter 13-- 12 insert-- 13 Part 2 Transitional provisions 14 for Mental Health Act 15 2015 16 161 Definitions for pt 2 17 In this part-- 18 amended Act means this Act as in force on the 19 commencement. 20 previous Act means this Act as in force 21 immediately before the commencement. 22 Page 550

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 910] 162 Temporary absence approval 1 A temporary absence approval given under the 2 previous Act, section 41 and in force immediately 3 before the commencement is taken to be an approval 4 given under the amended Act, section 32A. 5 163 Transfer order 6 A transfer order made under the previous Act, section 7 142 for the transfer of a forensic disability client to an 8 authorised mental health service is taken to be an 9 agreement under the Mental Health Act 2015, section 10 351 to transfer responsibility for the client from the 11 forensic disability service to the authorised mental 12 health service. 13 164 Application of s 141 14 The period mentioned in section 141(5)(c) is taken to 15 include a period for which the forensic disability client 16 was-- 17 (a) detained temporarily in an authorised mental 18 health service under the repealed Mental Health 19 Act 2000, section 309B; or 20 (b) absent from the health service while undertaking 21 limited community treatment within the meaning 22 of the repealed Mental Health Act 2000, or under 23 an approval given section 186 of that Act. 24 165 Application of transitional provisions to 25 forensic disability clients 26 (1) A provision of the Mental Health Act 2015, 27 chapter 20 applies for a forensic disability client 28 to the extent-- 29 (a) the provision operates in relation to a 30 previously applied provision; and 31 Page 551

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 911] (b) the context permits. 1 (2) This section does not limit the operation of the 2 Mental Health Act 2015, chapter 20. 3 (3) In this section-- 4 previously applied provision means a provision 5 of the repealed Mental Health Act 2000 that was, 6 immediately before the commencement, an 7 applied provision under this Act. 8 166 Transitional regulation-making power 9 (1) A regulation (a transitional regulation) may 10 make provision about a matter for which-- 11 (a) it is necessary to make provision to allow or 12 facilitate the doing of anything to achieve 13 the transition from the operation of the 14 previous Act to the operation of the 15 amended Act; and 16 (b) the amended Act or the Mental Health Act 17 2015 does not make provision or sufficient 18 provision. 19 (2) A transitional regulation may have retrospective 20 operation to a day not earlier than the day of 21 commencement. 22 (3) A transitional regulation must declare it is a 23 transitional regulation. 24 (4) This section and any transitional regulation 25 expire 1 year after the day of the commencement. 26 911 Amendment of sch 2 (Dictionary) 27 (1) Schedule 2, definitions applicable forensic order, applied 28 provisions, director (mental health), forensic information 29 order, forensic order (Mental Health Court--Disability), 30 patient, special notification client and transfer order-- 31 Page 552

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 3 Amendment of Forensic Disability Act 2011 [s 911] omit. 1 (2) Schedule 2-- 2 insert-- 3 applicable forensic order, in relation to a 4 forensic disability client, means the forensic 5 order (disability) that is in force for the client. 6 chief psychiatrist see the Mental Health Act, 7 schedule 3. 8 community treatment, for a forensic disability 9 client, means-- 10 (a) if the category of the applicable forensic 11 order is community under the Mental Health 12 Act--the provision of care and support for 13 the client in the community under the order; 14 or 15 (b) if the category of the applicable forensic 16 order is inpatient under the Mental Health 17 Act--limited community treatment for the 18 client. 19 forensic order (disability) see the Mental Health 20 Act, schedule 3. 21 (3) Schedule 2, definition limited community treatment, after 'in 22 the community'-- 23 insert-- 24 for up to 7 days 25 (4) Schedule 2, definition Mental Health Act, '2000'-- 26 omit, insert-- 27 2015 28 (5) Schedule 2, definition temporary absence approval, 'section 29 41'-- 30 omit, insert-- 31 Page 553

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 4 Amendment of Powers of Attorney Act 1998 [s 912] section 32A 1 Part 4 Amendment of Powers of 2 Attorney Act 1998 3 912 Act amended 4 This part amends the Powers of Attorney Act 1998. 5 913 Amendment of s 6A (Relationship with Guardianship and 6 Administration Act 2000) 7 Section 6A(1)(c), note, 'psychosurgery'-- 8 omit, insert-- 9 a non-ablative neurosurgical procedure 10 914 Amendment of s 38 (Act's relationship with Mental Health 11 Act) 12 Section 38, 'Mental Health Act 2000'-- 13 omit, insert-- 14 Mental Health Act 2015 15 915 Amendment of sch 2 (Types of matters) 16 (1) Schedule 2, section 5(3)-- 17 insert-- 18 (d) psychosurgery for the principal. 19 (2) Schedule 2, section 7(e), 'psychosurgery'-- 20 omit, insert-- 21 a non-ablative neurosurgical procedure 22 Page 554

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 916] (3) Schedule 2, section 15-- 1 omit, insert-- 2 15 Psychosurgery 3 Psychosurgery is a procedure on the brain, that 4 involves deliberate damage to or removal of brain 5 tissue, for the treatment of a mental illness. 6 (4) Schedule 2-- 7 insert-- 8 15A Non-ablative neurosurgical procedure 9 A non-ablative neurosurgical procedure is a 10 procedure on the brain, that does not involve 11 deliberate damage to or removal of brain tissue, for the 12 treatment of a mental illness. 13 916 Amendment of sch 3 (Dictionary) 14 Schedule 3-- 15 insert-- 16 non-ablative neurosurgical procedure see 17 schedule 2, section 15A. 18 Part 5 Amendment of Public Health 19 Act 2005 20 917 Act amended 21 This part amends the Public Health Act 2005. 22 918 Amendment of s 7 (How object is mainly achieved) 23 (1) Section 7(d) to (i)-- 24 Page 555

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] renumber as section 7(e) to (j). 1 (2) Section 7-- 2 insert-- 3 (d) providing for persons who have a major 4 disturbance in mental capacity to be 5 transported to a treatment or care place; and 6 919 Insertion of new ch 4A 7 After chapter 4-- 8 insert-- 9 Chapter 4A Health of persons 10 with major 11 disturbance in 12 mental capacity 13 Part 1 Preliminary 14 157A Definitions for ch 4A 15 In this chapter-- 16 administrator, of an authorised mental health 17 service, see the Mental Health Act 2015, 18 schedule 3. 19 ambulance officer see the Ambulance Service 20 Act 1991, schedule. 21 authorised mental health practitioner see the 22 Mental Health Act 2015, schedule 3. 23 authorised mental health service see the Mental 24 Health Act 2015, schedule 3. 25 authorised person means-- 26 Page 556

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (a) a police officer; or 1 (b) an appropriately qualified health service 2 employee appointed as an authorised person 3 by the person in charge of a public sector 4 health service facility or the administrator of 5 an authorised mental health service; or 6 (c) a security officer. 7 emergency examination authority see section 8 157D(1). 9 examination period see section 157E(1). 10 health practitioner means a person registered 11 under the Health Practitioner Regulation 12 National Law, or another person who provides 13 health services, including, for example, a social 14 worker. 15 public sector health service facility see the 16 Hospital and Health Boards Act 2011, schedule 17 2. 18 security officer means a person employed or 19 engaged by a public sector health service facility 20 or an authorised mental health service to provide 21 security services, regardless of how the person's 22 employment or engagement is described. 23 treatment or care place means a public sector 24 health service facility, authorised mental health 25 service or another place, other than a watch 26 house, where a person may receive treatment and 27 care appropriate to the person's needs. 28 Example of another place where a person may receive 29 treatment and care appropriate to the person's needs-- 30 the person's home 31 Page 557

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] Part 2 Taking persons to 1 treatment or care place 2 157B Ambulance officer or police officer may 3 detain and transport person 4 (1) This section applies if an ambulance officer or 5 police officer believes-- 6 (a) a person's behaviour, including, for 7 example, the way in which the person is 8 communicating, indicates the person is at 9 immediate risk of serious harm; and 10 Example-- 11 a person is threatening to commit suicide 12 (b) the risk appears to be the result of a major 13 disturbance in the person's mental capacity, 14 whether caused by illness, disability, injury, 15 intoxication or another reason; and 16 (c) the person appears to require urgent 17 examination, or treatment and care, for the 18 disturbance. 19 (2) For the Police Powers and Responsibilities Act 20 2000, section 609(1)(a)(i), the police officer may 21 consider advice received from a health 22 practitioner about the person in forming a view as 23 to whether there is an imminent risk of injury to a 24 person. 25 (3) The ambulance officer or police officer may 26 detain the person and transport the person to a 27 treatment or care place. 28 (4) If the treatment or care place is a public sector 29 health service facility that is not an inpatient 30 hospital, the person may only be transported to 31 the facility with the approval of the person in 32 charge of the facility. 33 Page 558

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (5) If the person is detained and transported to a 1 treatment or care place, other than a public sector 2 health service facility or authorised mental health 3 service, the person can not be detained at the 4 place unless an Act otherwise requires. 5 Note-- 6 See section 157E for detention in a treatment or care 7 place that is a public sector health service facility or 8 authorised mental health service. 9 (6) In this section-- 10 inpatient hospital means a hospital where a 11 person may be discharged on a day other than the 12 day on which the person was admitted to the 13 hospital. 14 157C What ambulance officer or police officer 15 must tell person 16 (1) The ambulance officer or police officer must-- 17 (a) tell the person that the officer is detaining 18 the person and transporting the person to a 19 treatment or care place; and 20 (b) explain to the person how taking action 21 under paragraph (a) may affect the person. 22 (2) The ambulance officer or police officer must take 23 reasonable steps to ensure the person understands 24 the information given under subsection (1), 25 including by telling the person or explaining the 26 thing to the person-- 27 (a) in an appropriate way having regard to the 28 person's age, culture, mental impairment or 29 illness, communication ability and any 30 disability; and 31 Page 559

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (b) in a way, including, for example, in a 1 language, the person is most likely to 2 understand. 3 157D Giving emergency examination authority 4 (1) If the ambulance officer or police officer takes 5 the person to a treatment or care place that is a 6 public sector health service facility or an 7 authorised mental health service, the officer must 8 immediately make an authority (an emergency 9 examination authority) for the person. 10 (2) The authority must-- 11 (a) be in the approved form; and 12 (b) state the time when it is given. 13 (3) The person may be detained in the treatment or 14 care place while the authority is being made. 15 (4) Immediately after making the authority, the 16 ambulance officer or police officer must give the 17 authority to a health service employee at the 18 treatment or care place. 19 157E Detention in treatment or care place 20 (1) A person subject to an emergency examination 21 authority may be detained in a treatment or care 22 place that is a public sector health service facility 23 or an authorised mental health service for a 24 period (the examination period) of not more than 25 6 hours starting when the authority is made. 26 (2) A doctor or health practitioner must explain the 27 effect of the authority to the person. 28 (3) The doctor or health practitioner must take 29 reasonable steps to ensure the person understands 30 the information given under subsection (2), 31 Page 560

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] including by telling the person or explaining the 1 information to the person-- 2 (a) in an appropriate way having regard to the 3 person's age, culture, mental impairment or 4 illness, communication ability and any 5 disability; and 6 (b) in a way, including, for example, in a 7 language, the person is most likely to 8 understand. 9 (4) Also, a doctor or health practitioner may extend 10 or further extend the examination period to not 11 more than 12 hours after it starts if the doctor or 12 health practitioner believes the extension is 13 necessary to carry out or finish an examination of 14 the person under section 157F. 15 157F Examination 16 (1) A doctor or health practitioner may examine a 17 person subject to an emergency examination 18 authority to decide the person's treatment and 19 care needs. 20 (2) Also, a doctor or authorised mental health 21 practitioner may examine the person to decide 22 whether to make a recommendation for 23 assessment for the person under the Mental 24 Health Act 2015. 25 (3) An examination may be carried out using an 26 audiovisual link if the doctor or health 27 practitioner examining the person believes it is 28 clinically appropriate. 29 (4) In this section-- 30 audiovisual link means facilities that enable 31 reasonably contemporaneous and continuous 32 Page 561

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] audio and visual communication between 1 persons at different places. 2 Part 3 Return of persons who 3 abscond 4 157G Application of pt 3 5 This part applies if a person absconds from a 6 public sector health service facility or authorised 7 mental health service while being detained under 8 this chapter. 9 157H Administrator or person in charge may 10 require return of absent person 11 (1) A person in charge of a public sector health 12 service facility or the administrator of an 13 authorised mental health service may-- 14 (a) authorise an authorised person, other than a 15 police officer, to transport the person to a 16 public sector health service facility or an 17 authorised mental health service; or 18 (b) ask a police officer to transport the person to 19 a public sector health service facility or an 20 authorised mental health service. 21 (2) The authorisation or request must-- 22 (a) be in the approved form; and 23 (b) state the name of the person to be 24 transported; and 25 (c) state the name of the public sector health 26 service facility or authorised mental health 27 service to which the person is to be 28 transported; and 29 Page 562

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (d) identify the risk the person presents to 1 himself or herself, the authorised person or 2 police officer, and others; and 3 (e) for a request to a police officer--state the 4 reasons why the person in charge or 5 administrator considers it necessary for a 6 police officer to transport the person. 7 (3) Before giving the authorisation or making the 8 request, the person in charge or administrator 9 must make reasonable efforts to contact the 10 person and encourage the person to come or 11 return to the public sector health service facility 12 or authorised mental health service. 13 (4) Subsection (3) does not apply if the person in 14 charge or administrator considers there is a risk 15 that the person may harm himself or herself or 16 others if the person in charge or administrator 17 complies with the subsection. 18 Note-- 19 See also part 5 for applying for a warrant for the 20 apprehension of a person. 21 157I Duration of authorisation 22 An authorisation under section 157H to transport 23 the person is in force for 3 days after the day the 24 person absconds. 25 157J Authorised person may transport absent 26 person 27 (1) This section applies if an authorised person is 28 authorised to transport a person under section 29 157H(1)(a). 30 (2) The authorised person may transport the person 31 named in the authorisation to the public sector 32 Page 563

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] health service facility or authorised mental health 1 service stated in the authorisation. 2 (3) If the authorised person intends to ask a police 3 officer, under the Police Powers and 4 Responsibilities Act 2000, section 16, to help the 5 authorised person transport the named person, 6 the authorised person must ask the police officer 7 in the approved form mentioned in section 8 157H(2). 9 Note-- 10 Under the Mental Health Act 2015, section 357(4), an 11 authorised person, other than a police officer, is a public 12 official for the Police Powers and Responsibilities Act 13 2000. Under section 16 of that Act, a public official may 14 ask a police officer to help the public official perform 15 the public official's functions. 16 (4) The approved form must state the reasons why 17 the authorised person considers it necessary to 18 ask the police officer to help transport the person. 19 (5) Before transporting the person, the authorised 20 person must-- 21 (a) tell the person the authorised person is 22 detaining the person and transporting the 23 person to the public sector health service 24 facility or authorised mental health service 25 stated in the authorisation; and 26 (b) explain to the person how taking action 27 under paragraph (a) may affect the person. 28 157K Effect on examination period 29 For a person transported under an authorisation 30 or request under section 157H-- 31 (a) despite section 157E(1), the examination 32 period for the person starts when the person 33 is admitted to the service or facility to which 34 Page 564

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] the person is transported under section 1 157E; and 2 (b) a health service employee must note on the 3 person's emergency examination authority 4 when the examination period starts under 5 paragraph (a). 6 Part 4 Powers 7 157L Use of force to detain and transport 8 An ambulance officer or police officer may 9 exercise the power to detain and transport a 10 person under this chapter with the help, and using 11 the force, that is necessary and reasonable in the 12 circumstances. 13 157M Transfer to another treatment or care place 14 (1) This section applies if-- 15 (a) a person subject to an emergency 16 examination authority is transported to a 17 treatment or care place that is a public sector 18 health service facility or an authorised 19 mental health service; and 20 (b) a doctor or authorised mental health 21 practitioner believes it is necessary for the 22 person to be transported to another 23 treatment or care place that is a public sector 24 health service facility or an authorised 25 mental health service. 26 (2) An authorised person may transport the person 27 under the emergency examination authority to the 28 other treatment or care place. 29 Page 565

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] Note-- 1 A person subject to an emergency examination authority 2 may only be detained in a treatment or care place for the 3 examination period, or the examination period as 4 extended under section 157E(4). 5 157N Use of reasonable force to detain person 6 (1) This section applies if, under an emergency 7 examination authority, a person may be detained 8 in a public sector health service facility or an 9 authorised mental health service. 10 (2) The person in charge of the public sector health 11 service facility or the administrator of the 12 authorised mental health service, and anyone 13 lawfully helping the person in charge or the 14 administrator, may exercise the power to detain 15 the person in the facility or service with the help, 16 and using the force, that is necessary and 17 reasonable in the circumstances. 18 157O Examination of person without consent and 19 with use of reasonable force 20 (1) An examination of a person subject to an 21 emergency examination authority may be made 22 under this chapter without the consent of the 23 person or anyone else. 24 (2) A person lawfully examining the person, or 25 lawfully helping to examine the person, may use 26 the force that is necessary and reasonable in the 27 circumstances to examine, or help examine, the 28 person. 29 157P Return after examination or treatment and 30 care to person's requested place 31 (1) This section applies if-- 32 Page 566

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (a) a person is transported from the community 1 to a treatment or care place that is a public 2 sector health service facility or an 3 authorised mental health service; and 4 (b) at the end of the examination period, or the 5 examination period as extended under 6 section 157E(4), for the person, a 7 recommendation for assessment under the 8 Mental Health Act 2015 is not made for the 9 person. 10 (2) If the person is detained in a public sector health 11 service facility, the person in charge of the 12 facility must take reasonable steps to ensure the 13 person is returned to a place reasonably requested 14 by the person. 15 (3) If the person is detained in an authorised mental 16 health service, the administrator of the service 17 must take reasonable steps to ensure the person is 18 returned to a place reasonably requested by the 19 person. 20 Part 5 Warrant for 21 apprehension of 22 person to transport 23 person 24 157Q Application for warrant for apprehension of 25 person 26 (1) This section applies if an authorised person 27 considers a warrant for apprehension of a person 28 is necessary to enable an authorised person to 29 transport the person under this chapter to a public 30 sector health service facility or authorised mental 31 health service for an examination. 32 Page 567

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (2) The authorised person may apply to a magistrate 1 for a warrant for apprehension of the person. 2 (3) The authorised person must prepare a written 3 application that states the grounds on which the 4 warrant is sought. 5 (4) The written application must be sworn. 6 (5) The magistrate may refuse to consider the 7 application until the authorised person gives the 8 magistrate all the information the magistrate 9 requires about the application in the way the 10 magistrate requires. 11 Example-- 12 The magistrate may require additional information 13 supporting the application to be given by statutory 14 declaration. 15 157R Issue of warrant 16 (1) A magistrate may issue the warrant for 17 apprehension of the person if the magistrate is 18 satisfied the warrant is necessary to enable an 19 authorised person to transport the person to a 20 public sector health service facility or authorised 21 mental health service for an examination. 22 (2) The warrant authorises an authorised person-- 23 (a) to enter any 1 or more places the authorised 24 person reasonably believes the person is; 25 and 26 (b) to search the places to find the person; and 27 (c) to remain in the places for as long as the 28 authorised person considers it reasonably 29 necessary to find the person; and 30 (d) to transport the person to a stated public 31 sector health service facility or stated 32 authorised mental health service. 33 Page 568

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] Note-- 1 For a police officer's entry and search powers, see the 2 Police Powers and Responsibilities Act 2000, section 21. 3 Also, for the use of force by a police officer, see the 4 Police Powers and Responsibilities Act 2000, section 5 615. 6 (3) The warrant must state-- 7 (a) the person to whom the warrant applies; and 8 (b) that an authorised person may, with 9 necessary and reasonable help and force, 10 exercise-- 11 (i) the powers under the warrant 12 mentioned in subsection (2); and 13 (ii) the powers mentioned in part 4; and 14 (c) the hours of the day or night when a place 15 mentioned in subsection (2)(a) may be 16 entered; and 17 (d) the magistrate's name; and 18 (e) the day and time of the warrant's issue; and 19 (f) the day, within 7 days after the warrant's 20 issue, the warrant ends. 21 (4) An authorised person may exercise powers under 22 the warrant with the help, and using the force, 23 that is reasonable in the circumstances. 24 157S Electronic application 25 (1) An application under section 157Q may be made 26 by phone, fax, email, radio, videoconferencing or 27 another form of electronic communication if the 28 authorised person reasonably considers it 29 necessary because of-- 30 (a) urgent circumstances; or 31 Page 569

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (b) other special circumstances, including, for 1 example, the authorised person's remote 2 location. 3 (2) The application-- 4 (a) may not be made before the authorised 5 person prepares the written application 6 under section 157Q(3); but 7 (b) may be made before the written application 8 is sworn. 9 157T Additional procedure if electronic application 10 (1) For an application made under section 157S, the 11 magistrate may issue the warrant for 12 apprehension of the person (the original 13 warrant) only if the magistrate is satisfied-- 14 (a) it was necessary to make the application 15 under section 157S; and 16 (b) the way the application was made under 17 section 157S was appropriate. 18 (2) After the magistrate issues the original warrant-- 19 (a) if there is a reasonably practicable way of 20 immediately giving a copy of the warrant to 21 the authorised person, including, for 22 example, by sending a copy by fax or email, 23 the magistrate must immediately give a copy 24 of the warrant to the authorised person; or 25 (b) otherwise-- 26 (i) the magistrate must tell the authorised 27 person the information mentioned in 28 section 157R(3); and 29 (ii) the authorised person must complete a 30 form of warrant, including by writing 31 on it the information mentioned in 32 Page 570

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] section 157R(3) told to the person by 1 the magistrate. 2 (3) The copy of the warrant mentioned in subsection 3 (2)(a), or the form of warrant completed under 4 subsection (2)(b) (in either case the duplicate 5 warrant), is a duplicate of, and as effectual as, 6 the original warrant. 7 (4) The authorised person must, at the first 8 reasonable opportunity, send to the magistrate-- 9 (a) the written application complying with 10 section 157Q(3) and (4); and 11 (b) if the authorised person completed a form of 12 warrant under subsection (2)(b), the 13 completed form of warrant. 14 (5) The magistrate must keep the original warrant 15 and, on receiving the documents under 16 subsection (4)-- 17 (a) attach the documents to the original warrant; 18 and 19 (b) give the original warrant and documents to 20 the clerk of the court of the relevant 21 magistrates court. 22 (6) Despite subsection (3), if-- 23 (a) an issue arises in a proceeding about 24 whether an exercise of a power was 25 authorised by a warrant issued under this 26 section; and 27 (b) the original warrant is not produced in 28 evidence; 29 the onus of proof is on the person relying on the 30 lawfulness of the exercise of the power to prove a 31 warrant authorised the exercise of the power. 32 (7) In this section-- 33 Page 571

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] relevant magistrates court, in relation to a 1 magistrate, means the Magistrates Court that the 2 magistrate constitutes under the Magistrates Act 3 1991. 4 157U Defect in relation to a warrant 5 (1) A warrant for apprehension of a person is not 6 invalidated by a defect in-- 7 (a) the warrant; or 8 (b) compliance with this part; 9 unless the defect affects the substance of the 10 warrant in a material particular. 11 (2) In this section-- 12 warrant for apprehension includes a duplicate 13 warrant under section 157T(3). 14 157V Warrants--entry procedure 15 (1) This section applies if an authorised person is 16 intending to enter a place under a warrant for 17 apprehension of a person. 18 (2) Before entering the place, the authorised person 19 must do or make a reasonable attempt to do the 20 following things-- 21 (a) identify himself or herself to a person 22 present at the place who is an occupier of 23 the place; 24 Note-- 25 See also the Police Powers and Responsibilities 26 Act 2000, section 637. 27 (b) give the person a copy of the warrant or, if 28 the entry is authorised by a duplicate 29 warrant under section 157T(3), a copy of the 1 Page 572

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] duplicate warrant; 2 (c) tell the person the authorised person is 3 permitted by the warrant to enter and search 4 the place to find the person named in the 5 warrant; 6 (d) give the person an opportunity to allow the 7 authorised person immediate entry to the 8 place without using force. 9 (3) However, the authorised person need not comply 10 with subsection (2) if the authorised person 11 reasonably believes immediate entry to the place 12 is required to ensure the effective execution of 13 the warrant is not frustrated. 14 Part 6 Searches of persons in 15 treatment or care place 16 157W Application of pt 6 17 This part applies to a person who is being 18 detained in a public sector health service facility 19 or authorised mental health service for an 20 examination under this chapter. 21 157X Definitions for pt 6 22 In this part-- 23 general search, of a person, means a search-- 24 (a) to reveal the contents of the person's outer 25 garments, general clothes or hand luggage 26 without touching the person or the luggage; 27 or 28 (b) in which the person may be required to-- 29 Page 573

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (i) open his or her hands or mouth for 1 visual inspection; or 2 (ii) shake his or her hair vigorously. 3 harmful thing means anything-- 4 (a) that may be used to-- 5 (i) threaten the security or good order of a 6 public sector health service facility or 7 authorised mental health service; or 8 (ii) threaten a person's health or safety; or 9 (b) that, if used by a patient in a public sector 10 health service facility or authorised mental 11 health service, is likely to adversely affect 12 the patient's treatment or care. 13 Examples of harmful things-- 14 • a dangerous drug 15 • alcohol 16 • medication 17 • provocative or offensive documents 18 personal search, of a person, means a search in 19 which light pressure is momentarily applied to 20 the person over his or her general clothes without 21 direct contact being made with-- 22 (a) the person's genital or anal areas; or 23 (b) for a female--the person's breasts. 24 scanning search, of a person, means a search of 25 the person by electronic or other means that does 26 not require the person to remove his or her 27 general clothes or to be touched by another 28 person. 29 Examples of a scanning search-- 30 • using a portable electronic apparatus or another 31 portable apparatus that can be passed over the person 32 Page 574

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] • using an electronic apparatus through which the 1 person is required to pass 2 search requiring the removal of clothing, of a 3 person, means a search in which the person 4 removes all garments during the course of the 5 search, but in which direct contact is not made 6 with the person. 7 157Y Power to search on belief of possession of 8 harmful thing 9 (1) This section applies if a doctor or health 10 practitioner believes the person may have 11 possession of a harmful thing. 12 (2) The doctor or health practitioner may-- 13 (a) carry out a general search, scanning search 14 or personal search of the person; and 15 (b) if the person in charge of the public sector 16 health service facility, or the administrator 17 of the authorised mental health service, 18 gives approval for a search requiring the 19 removal of clothing--carry out a search 20 requiring the removal of clothing; and 21 (c) carry out a search of the person's 22 possessions. 23 (3) The person in charge of the public sector health 24 service facility, or the administrator of the 25 authorised mental health service, may give 26 approval under subsection (2)(b) if the person in 27 charge or administrator believes that a search 28 requiring the removal of clothing is necessary in 29 the circumstances. 30 (4) A search under this section may be carried out 31 without the person's consent. 32 Page 575

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (5) However, before carrying out a search under this 1 section, the doctor or health practitioner must tell 2 the person the reasons for the search and how it is 3 to be carried out. 4 (6) A doctor or health practitioner may carry out a 5 search under this section with the help, and using 6 the force, that is necessary and reasonable in the 7 circumstances. 8 157Z Requirements for personal search 9 (1) A person authorised under section 157Y to carry 10 out a personal search (the searcher) may do any 11 1 or more of the following in relation to the 12 person being searched-- 13 (a) remove and inspect an outer garment or 14 footwear of the person; 15 (b) remove and inspect all things from the 16 pockets of the person's clothing; 17 (c) touch the clothing worn by the person to the 18 extent necessary to detect things in the 19 person's possession; 20 (d) remove and inspect any detected thing. 21 (2) The searcher may exercise a power under 22 subsection (1)(c) only if-- 23 (a) the searcher is the same gender as the 24 person; and 25 (b) the search is carried out in a part of a 26 building that ensures the person's privacy. 27 (3) The searcher must-- 28 (a) carry out the search in a way that respects 29 the person's dignity to the greatest possible 30 extent; and 31 Page 576

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (b) cause as little inconvenience to the person as 1 is practicable in the circumstances. 2 157ZA Requirements for search requiring the 3 removal of clothing 4 (1) A search under section 157Y requiring the 5 removal of clothing of a person must be carried 6 out by at least 2 persons authorised to carry out 7 the search, but by no more persons than are 8 reasonably necessary to carry out the search. 9 (2) Each person carrying out the search (each a 10 searcher) must be of the same gender as the 11 person being searched. 12 (3) Before carrying out the search, 1 of the searchers 13 must tell the person-- 14 (a) that the person will be required to remove 15 the person's clothing during the search; and 16 (b) why it is necessary to remove the clothing. 17 (4) The searcher must-- 18 (a) ensure the search is carried out in a part of a 19 building that ensures the person's privacy; 20 and 21 (b) ensure, to the extent practicable, that the 22 way in which the person is searched causes 23 minimal embarrassment to the person; and 24 (c) take reasonable care to protect the person's 25 dignity; and 26 (d) carry out the search as quickly as reasonably 27 practicable; and 28 (e) allow the person to dress as soon as the 29 search is finished. 30 (5) The searcher must, if reasonably practicable, give 31 the person the opportunity to remain partly 32 Page 577

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] clothed during the search, including, for example, 1 by allowing the person to dress his or her upper 2 body before being required to remove clothing 3 from the lower part of the body. 4 (6) If the searcher seizes clothing because of the 5 search, the searcher must ensure the person is left 6 with, or given, reasonably appropriate clothing. 7 157ZB Requirements for search of possessions 8 (1) A person authorised under section 157Y to carry 9 out a search of a person's possessions (the 10 searcher) may-- 11 (a) open or inspect a thing in the person's 12 possession; and 13 (b) remove and inspect any detected thing. 14 (2) However, the searcher may exercise a power to 15 inspect a thing under subsection (1) only if the 16 person is present or has been given the 17 opportunity to be present. 18 (3) Subsection (2) does not apply if the person 19 obstructs the searcher in the exercise of the 20 searcher's powers. 21 157ZC Record of search must be made 22 (1) This section applies if-- 23 (a) a search requiring the removal of clothing is 24 carried out under section 157Y; or 25 (b) a person seizes anything found during a 26 search under section 157Y. 27 (2) As soon as practicable after carrying out the 28 search, the person who carried out the search 29 must make a written record of the following 30 details of the search-- 31 Page 578

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (a) the reasons for the search; 1 (b) the names of the persons present during the 2 search; 3 (c) how the search was carried out; 4 (d) details of anything seized, including the 5 reasons for seizing. 6 157ZD Seizure of harmful thing 7 (1) A person authorised under section 157Y to carry 8 out a search (the searcher) may seize anything 9 found during the search that the searcher 10 reasonably suspects is-- 11 (a) connected with, or is evidence of, the 12 commission or intended commission of an 13 offence against an Act; or 14 (b) a harmful thing. 15 (2) If the searcher believes a seized thing is 16 connected with, or is evidence of, the 17 commission or intended commission of an 18 offence against an Act, the searcher must give it 19 to an authorised inspector for the Act. 20 (3) The seizure provisions of the Act mentioned in 21 subsection (2) apply to the thing as if the searcher 22 had seized it under the provisions of the Act that 23 relate to the offence. 24 (4) If the authorised inspector is not reasonably 25 satisfied the thing is evidence of the commission 26 or intended commission of an offence against the 27 Act, the authorised inspector must return it to the 28 searcher who must deal with it under this section. 29 (5) If the searcher believes a thing seized from a 30 person, or a thing returned under subsection (4), 31 is a harmful thing, the searcher must-- 32 Page 579

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 919] (a) keep it for the person and give it to the 1 person on the person's discharge from the 2 public sector health service facility or 3 authorised mental health service; or 4 (b) give it to someone else if the person is able 5 to give, and has given, agreement to do so; 6 or 7 (c) if the searcher is satisfied someone else is 8 entitled to possession of the thing--give or 9 send it to the person; or 10 (d) if the searcher is satisfied it is of negligible 11 value--dispose of it in the way the person in 12 charge of the public sector health service 13 facility or the administrator of the 14 authorised mental health service, believes 15 appropriate. 16 (6) Regard must be had to a thing's nature, condition 17 and value in deciding-- 18 (a) whether it is reasonable to make inquiries or 19 efforts; and 20 (b) if making inquiries or efforts--what 21 inquiries or efforts, including the period 22 over which they are made, are reasonable. 23 (7) In this section-- 24 authorised inspector, for an Act, means a person 25 who is authorised under the Act to perform 26 inspection and enforcement functions. 27 seizure provisions, of an Act, means the 28 provisions of the Act relating to the access to, 29 and retention, disposal and forfeiture of, a thing 30 after its seizure under the Act. 31 Page 580

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 920] 157ZE Receipt for seized thing 1 (1) A person authorised under section 157Y to carry 2 out a search must give a receipt for a thing seized 3 to the person from whom it was seized. 4 (2) The receipt must describe generally the thing 5 seized and its condition. 6 157ZF Access to seized thing 7 (1) This section applies to a thing seized on a search 8 under section 157Y. 9 (2) Until the thing is forfeited or returned under this 10 part, the searcher must allow its owner to inspect 11 it and, if it is a document, to copy it. 12 (3) Subsection (1) does not apply if it is 13 impracticable or would be unreasonable to allow 14 the inspection or copying. 15 Part 7 Miscellaneous 16 157ZG Relationship with Guardianship and 17 Administration Act 2000 18 This chapter does not affect the operation of the 19 Guardianship and Administration Act 2000, 20 section 63 in relation to providing urgent health 21 care under that Act to a person. 22 920 Amendment of sch 2 (Dictionary) 23 (1) Schedule 2, definitions authorised person and health 24 practitioner-- 25 omit. 26 Page 581

Mental Health Bill 2015 Chapter 21 Amendment of Acts Part 5 Amendment of Public Health Act 2005 [s 920] (2) Schedule 2-- 1 insert-- 2 administrator, of an authorised mental health 3 service, for chapter 4A, see section 157A. 4 ambulance officer, for chapter 4A, see section 5 157A. 6 authorised mental health practitioner, for 7 chapter 4A, see section 157A. 8 authorised mental health service, for chapter 9 4A, see section 157A. 10 authorised person-- 11 (a) for chapter 4A, see section 157A; or 12 (b) otherwise--see section 377. 13 emergency examination authority, for chapter 14 4A, see section 157D(1). 15 examination period, for chapter 4A, see section 16 157E(1). 17 general search, for chapter 4A, part 6, see 18 section 157X. 19 harmful thing, for chapter 4A, part 6, see section 20 157X. 21 health practitioner-- 22 (a) for chapter 4A, see section 157A; or 23 (b) for chapter 6, part 3, see section 251. 24 personal search, for chapter 4A, part 6, see 25 section 157X. 26 public sector health service facility, for chapter 27 4A, see section 157A. 28 scanning search, for chapter 4A, part 6, see 29 section 157X. 30 Page 582

Mental Health Bill 2015 Chapter 22 Minor and consequential amendments [s 921] search requiring the removal of clothing, for 1 chapter 4A, part 6, see section 157X. 2 security officer, for chapter 4A, see section 3 157A. 4 treatment or care place, for chapter 4A, see 5 section 157A. 6 Chapter 22 Minor and consequential 7 amendments 8 921 Acts amended 9 Schedule 4 amends the Acts it mentions. 10 Page 583

Mental Health Bill 2015 Schedule 1 Schedule 1 Information that applicant, or 1 applicant's nominee, is entitled 2 to receive under an information 3 notice 4 section 315, definition information notice 5 1 Information about reviews 6 The fact, and date and time of hearing, of-- 7 (a) a review of the relevant patient's forensic order or 8 treatment support order; or 9 (b) a review of the relevant patient's fitness for trial. 10 2 Information about transfer application 11 The fact, and date and time of hearing, of an application under 12 chapter 12, part 10, division 2, for approval to transfer the 13 relevant patient out of Queensland. 14 3 Information about tribunal decisions 15 (1) Subject to subsection (3), a written statement of a decision of 16 the tribunal on a review mentioned in section 1 or an 17 application mentioned in section 2 identifying-- 18 (a) the date of the decision; and 19 (b) the decision made. 20 (2) For a decision on a review mentioned in section 1(a) that 21 increases the extent of treatment in the community received 22 by the relevant patient, a brief explanation of the reasons for 23 the decision. 24 Examples of brief explanations of the reasons for a decision that increases 25 the extent of treatment in the community received by a relevant patient-- 26 • an authorised doctor has stated that the patient has responded well 27 to treatment during a stated time period 28 Page 584

Mental Health Bill 2015 Schedule 1 • an authorised doctor has stated that the patient has complied with 1 limited community treatment conditions 2 • the patient has participated in programs recommended by the 3 Mental Health Court 4 • the patient has undertaken to comply with non-contact conditions 5 (3) If the decision on a review mentioned in section 1(a) changes 6 a condition of the relevant patient's order, a written statement 7 of the decision identifying the decision made, only if the chief 8 psychiatrist is satisfied the decision is relevant to the safety 9 and welfare of the person entitled to receive information under 10 the information notice. 11 4 Information about appeals 12 For an appeal relating to the relevant patient's order-- 13 (a) the fact, and date and time of hearing, of the appeal; and 14 (b) a brief explanation of the nature of the appeal; and 15 (c) a written statement of the decision on appeal 16 identifying-- 17 (i) the date of the decision; and 18 (ii) the decision made. 19 5 Information about absences 20 (1) The fact that the relevant patient is a patient required to return, 21 only if the chief psychiatrist is satisfied the information is 22 relevant to the safety and welfare of the person entitled to 23 receive information under the information notice. 24 (2) The fact that the relevant patient has returned to an authorised 25 mental health service, after having been required to return, if 26 the chief psychiatrist has provided information under 27 subsection (1) about the absence. 28 6 Miscellaneous information 29 (1) The name of the authorised mental health service responsible 30 for the relevant patient. 31 Page 585

Mental Health Bill 2015 Schedule 1 (2) The fact, and date of, a transfer of the responsibility for the 1 relevant patient to another authorised mental health service or 2 the forensic disability service. 3 (3) The fact, and date of, the relevant patient's order ending under 4 section 526. 5 (4) The fact, and date of, a decision of the tribunal under section 6 757 to revoke the relevant patient's order. 7 Page 586

Mental Health Bill 2015 Schedule 2 Schedule 2 Who may appeal to Mental 1 Health Court 2 section 537 3 Column 1 Column 2 Decision Appellant a decision of the tribunal on a (a) the person subject to the authority; review of a treatment authority or under chapter 12, part 2 (b) an interested person for the person mentioned in paragraph (a) acting on the person's behalf; or (c) the chief psychiatrist a decision of the tribunal on a (a) the person subject to the order; or review of a forensic order (b) an interested person for the person (mental health) or forensic mentioned in paragraph (a) acting order (disability) under chapter on the person's behalf; or 12, part 3 (c) the Attorney-General; or (d) if an authorised mental health service is responsible for the person--the chief psychiatrist; or (e) if the forensic disability service is responsible for the person--the director of forensic disability a decision of the tribunal on a (a) the person subject to the order; or review of a forensic order (b) an interested person for the person (Criminal Code) under chapter mentioned in paragraph (a) acting 12, part 4 on the person's behalf; or (c) the chief psychiatrist; or (d) the Attorney-General a decision of the tribunal on a (a) the person subject to the order; or review of a treatment support (b) an interested person for the person order under chapter 12, part 5 mentioned in paragraph (a) acting on the person's behalf; or (c) the chief psychiatrist Page 587

Mental Health Bill 2015 Schedule 2 Column 1 Column 2 Decision Appellant a decision of the tribunal on a (a) the person the subject of the review of a person's fitness for review; or trial under chapter 12, part 6 (b) an interested person for the person mentioned in paragraph (a) acting on the person's behalf; or (c) the Attorney-General; or (d) if an authorised mental health service is responsible for the person--the chief psychiatrist; or (e) if the forensic disability service is responsible for the person--the director of forensic disability a decision of the tribunal on a (a) the minor; or review of the detention of a (b) an interested person for the minor minor in a high security unit acting on the minor's behalf; or under chapter 12, part 7 (c) the chief psychiatrist a decision of the tribunal on an (a) the person the subject of the application for approval to application; or perform a regulated treatment (b) an interested person for the person on a person chapter 12, part 9 mentioned in paragraph (a) acting on the person's behalf; or (c) the doctor who made the application; or (d) the chief psychiatrist a decision of the tribunal on an (a) the person the subject of the application for approval of the application; or transfer of a person into or out (b) an interested person for the person of Queensland under chapter mentioned in paragraph (a) acting 12, part 10 on the person's behalf; or (c) the Attorney-General; or (d) if an authorised mental health service is responsible for the person--the chief psychiatrist; or (e) if the forensic disability service is responsible for the person--the director of forensic disability Page 588

Mental Health Bill 2015 Schedule 3 Schedule 3 Dictionary 1 section 9 2 administrator-- 3 (a) of an authorised mental health service--means the 4 person appointed under section 330 as the administrator 5 of the service; or 6 (b) of the forensic disability service--means the 7 administrator of the service under the Forensic 8 Disability Act. 9 administrator consent, for chapter 3, see section 62. 10 advance health directive means an advance health directive 11 under the Powers of Attorney Act 1998. 12 ambulance officer means an ambulance officer appointed 13 under the Ambulance Service Act 1991, section 13. 14 applicant review-- 15 (a) of a treatment authority, for chapter 12, part 2--see 16 section 411(2); or 17 (b) of a forensic order (mental health) or forensic order 18 (disability), for chapter 12, part 3--see section 431(2); 19 or 20 (c) of a treatment support order, for chapter 12, part 5--see 21 section 463(2). 22 applicant's nominee, for chapter 10, part 6, see section 23 316(2)(b). 24 appointed person, for chapter 16, part 1, division 9, see 25 section 675. 26 approved device see section 242. 27 approved form means a form approved under section 796. 28 assessment, of a person, means an assessment of the person 29 under-- 30 Page 589

Mental Health Bill 2015 Schedule 3 (a) chapter 2, part 3; or 1 (b) chapter 7. 2 assessment period, for a person, see section 45(4). 3 assisting clinician see section 650(1). 4 associated offence see section 107. 5 attendance notice, for chapter 16, part 2, see section 742(1). 6 attorney, of a person, means-- 7 (a) an attorney appointed by the person under an advance 8 health directive; or 9 (b) an attorney appointed by the person under an enduring 10 power of attorney for a personal matter. 11 audiovisual link means facilities that enable reasonably 12 contemporaneous and continuous audio and visual 13 communication between persons at different places. 14 authorised doctor means-- 15 (a) a doctor appointed as an authorised doctor under section 16 336; or 17 (b) an administrator of an authorised mental health service 18 to whom section 337 applies; or 19 (c) for a particular function or power that a class of health 20 practitioners is authorised to perform or exercise under 21 section 339--a health practitioner of the class who is 22 appointed under section 339. 23 authorised mental health practitioner means a health 24 practitioner appointed as an authorised mental health 25 practitioner under section 338. 26 authorised mental health service means-- 27 (a) a health service, or part of a health service, declared to 28 be an authorised mental health service under section 29 327; or 30 (b) an authorised mental health service (rural and remote); 31 or 32 Page 590

Mental Health Bill 2015 Schedule 3 (c) a high security unit. 1 authorised mental health service (rural and remote) means 2 an authorised mental health service, or part of an authorised 3 mental health service, declared to be an authorised mental 4 health service (rural and remote) under section 329. 5 authorised person see section 357. 6 authorised psychiatrist means an authorised doctor who is a 7 psychiatrist. 8 authorised security officer see section 382. 9 brief of evidence means-- 10 (a) a brief of evidence compiled by the prosecuting 11 authority for an offence that includes any of the 12 following-- 13 (i) an indictment or bench charge sheets; 14 (ii) summaries or particulars of allegations; 15 (iii) witness statements; 16 (iv) exhibits or photographs of exhibits; 17 (v) transcripts of proceedings; 18 (vi) a record of interview or transcript of a record of 19 interview; 20 (vii) a person's criminal history; or 21 (b) an expert's report or a person's health record. 22 capacity, to consent to be treated, see section 14. 23 care, in relation to a person who has an intellectual disability, 24 includes the provision of rehabilitation, the development of 25 living skills, and the giving of support, assistance, information 26 and other services. 27 carer means an individual who provides, in a non-contractual 28 and unpaid capacity, ongoing care or assistance to another 29 person who, because of disability, frailty, chronic illness or 30 pain, requires assistance with everyday tasks. 31 Page 591

Mental Health Bill 2015 Schedule 3 category, of a treatment authority, forensic order (mental 1 health), forensic order (disability) or treatment support order, 2 means-- 3 (a) inpatient; or 4 (b) community. 5 chief executive (forensic disability) means the chief executive 6 of the department in which the Forensic Disability Act is 7 administered. 8 chief executive (justice) means the chief executive of the 9 department in which the Criminal Code is administered. 10 chief executive (youth justice) means the chief executive of 11 the department in which the Youth Justice Act 1992 is 12 administered. 13 chief psychiatrist means the person appointed as the chief 14 psychiatrist under section 296. 15 classified patient see section 64(1). 16 classified patient (involuntary) see section 64(2). 17 classified patient (voluntary) see section 64(3). 18 close relative, of a person, means-- 19 (a) the person's spouse; or 20 (b) a child, grandchild, parent, brother, sister, grandparent, 21 aunt or uncle (whether of whole or half-blood) of the 22 person or the person's spouse. 23 community means-- 24 (a) in relation to the category of a treatment authority, 25 forensic order (mental health) or treatment support 26 order--the person subject to the authority or order may 27 live in the community while receiving treatment and 28 care; or 29 (b) in relation to the category of a forensic order 30 (disability)--the person subject to the order may live in 31 the community while receiving care. 32 Page 592

Mental Health Bill 2015 Schedule 3 condition-- 1 1 Condition, generally, does not include a condition 2 requiring a person to wear a tracking device. 3 2 However, for the following sections and without 4 limitation, condition includes a condition requiring a 5 person to wear a tracking device-- 6 (a) sections 135, 139 and 140; 7 (b) sections 443 to 445; 8 (c) section 135, as applied by sections 455, 460, 516 9 and 545. 10 confidentiality order-- 11 (a) for the Mental Health Court--see section 694(1); or 12 (b) for the tribunal--see section 720(1). 13 contact, a person, means-- 14 (a) intentionally initiate contact with the person in any way, 15 including, for example, by phone, mail, fax, email or 16 other technology; or 17 (b) intentionally follow, loiter near, watch or approach the 18 person; or 19 (c) intentionally loiter near, watch, approach or enter a 20 place where the person lives, works or visits. 21 corresponding law means a law of another State that is 22 prescribed by regulation to be a corresponding law. 23 court-- 24 (a) for chapter 6, part 4, see section 192; or 25 (b) for chapter 14, see section 552. 26 court examination order see section 666(1). 27 court rules means rules of court made under section 697. 28 criminal history, of a person, means the person's criminal 29 history within the meaning of the Criminal Law 30 (Rehabilitation of Offenders) Act 1986 and-- 31 Page 593

Mental Health Bill 2015 Schedule 3 (a) despite sections 6, 8 and 9 of that Act, includes a 1 conviction of the person to which any of the sections 2 applies; and 3 (b) despite section 5 of that Act, includes a charge made 4 against the person for an offence. 5 custodian, of a person in custody, means the person having 6 the lawful custody of the person. 7 custodian consent, for chapter 3, see section 62. 8 decision notice, for chapter 13, part 2, see section 530. 9 deputy president means the deputy president of the tribunal. 10 designated person, for chapter 17, see section 774. 11 diminished responsibility see section 108. 12 director of forensic disability means the Director of Forensic 13 Disability under the Forensic Disability Act. 14 director of public prosecutions means the Director of Public 15 Prosecutions appointed under the Director of Public 16 Prosecutions Act 1984. 17 dual disability, for a person, means the person has-- 18 (a) a mental illness; and 19 (b) an intellectual disability. 20 electroconvulsive therapy means the application of electric 21 current to specific areas of the head to produce a generalised 22 seizure that is modified by general anaesthesia and the 23 administration of a muscle relaxing agent for the treatment of 24 a mental illness. 25 electronic document, for chapter 14, see section 552. 26 emergency examination authority see the Public Health Act 27 2005, section 157D(1). 28 employ includes engage on a contract for services. 29 enduring power of attorney for a personal matter means an 30 enduring power of attorney for a personal matter within the 31 meaning of the Powers of Attorney Act 1998. 32 Page 594

Mental Health Bill 2015 Schedule 3 examination authority see section 500(1). 1 examination order see section 177(2). 2 examination report, for chapter 6, part 2, division 3, see 3 section 179. 4 examining practitioner means-- 5 (a) a psychiatrist; or 6 (b) a health practitioner other than a psychiatrist; or 7 (c) a person with expertise in the care of persons who have 8 an intellectual disability. 9 executive officer, of the tribunal, means the person appointed 10 as the executive officer mentioned in section 711. 11 expert's report see section 156. 12 finding of unfitness, in relation to a person, see section 483. 13 Forensic Disability Act means the Forensic Disability Act 14 2011. 15 forensic disability client means a forensic disability client 16 under the Forensic Disability Act. 17 forensic disability service means the forensic disability 18 service under the Forensic Disability Act. 19 forensic order means-- 20 (a) a forensic order (mental health); or 21 (b) a forensic order (disability); or 22 (c) a forensic order (Criminal Code). 23 forensic order (Criminal Code) means an order made under 24 the Criminal Code, section 613, 645 or 647 that a person be 25 admitted to a stated authorised mental health service to be 26 dealt with under this Act. 27 forensic order (disability) see section 134(1). 28 forensic order (mental health) see section 134(1). 29 forensic patient means a person subject to a forensic order. 30 former owner, for chapter 14, see section 588(1). 31 Page 595

Mental Health Bill 2015 Schedule 3 general power, for chapter 14, see section 575(1). 1 general search, for chapter 11, part 7, see section 382. 2 government entity, for chapter 17, see section 774. 3 harm includes physical, psychological and emotional harm. 4 harmful thing means anything-- 5 (a) that may be used to-- 6 (i) threaten the security or good order of an authorised 7 mental health service or public sector health 8 service facility; or 9 (ii) threaten a person's health or safety; or 10 (b) that, if used by a patient in an authorised mental health 11 service or public sector health service facility, is likely 12 to adversely affect the patient's treatment or care. 13 Examples of harmful things-- 14 • a dangerous drug 15 • alcohol 16 • medication 17 • provocative or offensive documents 18 health practitioner means a person registered under the 19 Health Practitioner Regulation National Law, or another 20 person who provides health services, including, for example, a 21 social worker. 22 health record, for a person, means the person's hospital 23 record or another document recording the person's health 24 history, condition and treatment. 25 health service means a service for maintaining, improving 26 and restoring people's health and wellbeing, and includes a 27 community health facility. 28 health service chief executive see the Hospital and Health 29 Boards Act 2011, schedule 2. 30 health service employee see the Hospital and Health Boards 31 Act 2011, schedule 2. 32 help requirement, for chapter 14, see section 576(1). 33 Page 596

Mental Health Bill 2015 Schedule 3 high security unit means a public sector mental health 1 service, or part of a public sector mental health service, 2 declared to be a high security unit under section 328. 3 Hospital and Health Service means a Hospital and Health 4 Service established under the Hospital and Health Boards Act 5 2011, section 17. 6 identity card means-- 7 (a) for an authorised doctor, authorised mental health 8 practitioner or health practitioner appointed under 9 section 339 to perform particular functions--an identity 10 card issued under section 344; or 11 (b) for an authorised security officer--an identity card 12 approved under section 404; or 13 (c) for an inspector--an identity card issued under section 14 558. 15 independent patient rights adviser means a person appointed 16 as an independent patient rights adviser under section 291(2). 17 information notice-- 18 (a) relating to a relevant patient--see section 315; or 19 (b) about a decision, for chapter 14--see section 552. 20 information requirement, for chapter 14, see section 595(3). 21 informed consent, to a person's treatment by regulated 22 treatment, see section 232. 23 inpatient means-- 24 (a) in relation to the category of a treatment authority, 25 forensic order (mental health) or treatment support 26 order, the person subject to the authority or order-- 27 (i) must be detained in an inpatient unit of an 28 authorised mental health service while receiving 29 treatment and care; and 30 (ii) may receive limited community treatment; or 31 (b) in relation to the category of a forensic order 32 (disability), the person subject to the order-- 33 Page 597

Mental Health Bill 2015 Schedule 3 (i) must be detained in an inpatient unit of an 1 authorised mental health service, or in the forensic 2 disability service, while receiving care; and 3 (ii) may receive limited community treatment. 4 inpatient unit, of an authorised mental health service, means a 5 part of the service to which patients are admitted for treatment 6 and care and discharged on a day other than the day of 7 admission. 8 inspector see section 552. 9 intellectual disability means-- 10 (a) an intellectual disability within the meaning of the 11 Forensic Disability Act; or 12 (b) a cognitive disability within the meaning of the Forensic 13 Disability Act. 14 interested person, for a person, means-- 15 (a) the person's nominated supported person; or 16 (b) another individual who has a sufficient interest in the 17 person. 18 internal review decision, for chapter 14, part 8, see section 19 606(1)(b). 20 interstate forensic order, for chapter 12, part 10, division 1, 21 see section 511. 22 interstate mental health service means a health service in 23 another State that performs corresponding, or substantially 24 corresponding, functions to an authorised mental health 25 service. 26 interstate transfer requirements-- 27 (a) for chapter 12, part 10, division 1, see section 511; or 28 (b) for chapter 12, part 10, division 2, see section 519. 29 investigation report, for chapter 10, see section 307(1). 30 involuntary patient see section 11. 31 Page 598

Mental Health Bill 2015 Schedule 3 judicial order means-- 1 (a) a court examination order; or 2 (b) an examination order; or 3 (c) another order, requiring or permitting the detention of a 4 person in an authorised mental health service, made by a 5 court under any of the following-- 6 (i) section 124(1)(b); 7 (ii) section 183(c)(ii); 8 (iii) section 193(2); 9 (iv) section 542(4); 10 (v) section 549(4)(b). 11 less restrictive way, for a person to receive treatment and care 12 for the person's mental illness, see section 13. 13 limited community treatment means treatment and care of a 14 person in the community, including in the grounds and 15 buildings (other than an inpatient unit) of an authorised 16 mental health service, for a period of not more than 7 17 consecutive days, that is authorised under this Act. 18 mechanical restraint see section 243. 19 medication, for chapter 8, part 5, division 2, see section 270. 20 member, of the tribunal, means a member of the tribunal, and 21 includes the president and deputy president. 22 mental condition includes a mental illness and an intellectual 23 disability. 24 mental illness see section 10. 25 nominated support person see section 223(1). 26 non-ablative neurosurgical procedure means a procedure on 27 the brain, that does not involve deliberate damage to or 28 removal of brain tissue, for the treatment of a mental illness. 29 non-revocation period, for a forensic order (mental health) or 30 forensic order (disability), see section 137(2). 31 notice event, for chapter 3, see section 81(1). 32 Page 599

Mental Health Bill 2015 Schedule 3 occupier, of a place, includes the following-- 1 (a) if there is more than 1 person who apparently occupies 2 the place--any 1 of the persons; 3 (b) any person at the place who is apparently acting with the 4 authority of a person who apparently occupies the place; 5 (c) if no-one apparently occupies the place--any person 6 who is an owner of the place. 7 of, a place, includes at or on the place. 8 offence, in relation to a reference, see section 106. 9 offence warning, for chapter 14, see section 552. 10 official, for chapter 15, part 4, see section 622. 11 original decision, for chapter 14, part 8, see section 606(1)(a). 12 owner, for chapter 14, see section 552. 13 parent, of a minor, includes-- 14 (a) a guardian of the minor; and 15 (b) a person who exercises parental responsibility for the 16 minor, other than a person standing in the place of a 17 parent of the minor on a temporary basis; and 18 (c) for an Aboriginal minor--a person who, under 19 Aboriginal tradition, is regarded as a parent of the 20 minor; and 21 (d) for a Torres Strait Islander minor--a person who, under 22 Island custom, is regarded as a parent of the minor. 23 party-- 24 (a) to an appeal-- 25 (i) for chapter 13, part 2, see section 530; or 26 (ii) for chapter 13, part 3, see section 536; or 27 (b) to a proceeding, for chapter 16, part 2, see section 701. 28 patient-- 29 (a) for chapter 8--see section 242; or 30 (b) for chapter 9--see section 274; or 31 Page 600

Mental Health Bill 2015 Schedule 3 (c) for chapter 10--see section 295. 1 patient required to return means a patient-- 2 (a) in relation to whom the administrator of an authorised 3 mental health service, or person in charge of a public 4 sector health service facility, has given an authorisation 5 or made a request under section 362; and 6 (b) who has not been transported under the authorisation or 7 request, or come or returned voluntarily, to the service 8 or facility. 9 periodic review-- 10 (a) of a treatment authority, for chapter 12, part 2--see 11 section 411(1); or 12 (b) of a forensic order (mental health) or forensic order 13 (disability), for chapter 12, part 3--see section 431(1); 14 or 15 (c) of a treatment support order, for chapter 12, part 5--see 16 section 463(1). 17 personal details requirement, for chapter 14, see section 18 593(5). 19 personal guardian, of a person, means a guardian for a 20 personal matter appointed by QCAT for the person under the 21 Guardianship and Administration Act 2000. 22 personal information, for chapter 17, see section 774. 23 personal search, for chapter 11, part 7, see section 382. 24 person in control, for chapter 14, see section 552. 25 person in custody see section 63. 26 physical restraint see section 267. 27 place includes the following-- 28 (a) premises; 29 (b) vacant land; 30 (c) a place in Queensland waters; 31 Page 601

Mental Health Bill 2015 Schedule 3 (d) a place held under more than 1 title or by more than 1 1 owner; 2 (e) the land or water where a building or structure, or a 3 group of buildings or structures, is situated. 4 place of custody, for a person in custody, means the place at 5 which the person is held in lawful custody under an Act of the 6 State, other than this Act, or an Act of the Commonwealth. 7 policy means a policy made by the chief psychiatrist under 8 section 272 or 303. 9 postal article, for chapter 11, part 7, see section 382. 10 practice guideline means a practice guideline made by the 11 chief psychiatrist under section 303. 12 premises includes-- 13 (a) a building or other structure; and 14 (b) a part of a building or other structure; and 15 (c) a caravan or vehicle; and 16 (d) a cave or tent; and 17 (e) premises held under more than 1 title or by more than 1 18 owner. 19 prescribed offence means an offence against any of the 20 following provisions of the Criminal Code-- 21 (a) section 302 (Definition of murder) and 305 (Punishment 22 of murder); 23 (b) section 303 (Definition of manslaughter) and 310 24 (Punishment of manslaughter); 25 (c) section 306 (Attempt to murder); 26 (d) section 317 (Acts intended to cause grievous bodily 27 harm and other malicious acts); 28 (e) section 320 (Grievous bodily harm); 29 (f) section 349 (Rape); 30 (g) section 350 (Attempt to commit rape); 31 Page 602

Mental Health Bill 2015 Schedule 3 (h) section 351 (Assault with intent to commit rape). 1 president means-- 2 (a) for chapter 16, part 1--the president of the Mental 3 Health Court; or 4 (b) for chapter 16, part 2--the president of the tribunal. 5 presiding member, of the tribunal for a proceeding, means the 6 tribunal member who, under section 718, is the presiding 7 member of the tribunal for the proceeding. 8 prosecuting authority, for an offence, means the 9 commissioner of the police service, director of public 10 prosecutions or other entity responsible for prosecuting the 11 proceeding for the offence. 12 psychiatrist means-- 13 (a) a person registered under the Health Practitioner 14 Regulation National Law to practise in the medical 15 profession as a specialist registrant in the speciality of 16 psychiatry; or 17 (b) a person registered under the Health Practitioner 18 Regulation National Law to practise in the medical 19 profession who is able to practise psychiatry as another 20 type of registrant prescribed by regulation. 21 psychiatrist report see section 87. 22 psychosurgery means a procedure on the brain, that involves 23 deliberate damage to or removal of brain tissue, for the 24 treatment of a mental illness. 25 public place means-- 26 (a) a place, or part of the place-- 27 (i) the public is entitled to use, is open to members of 28 the public or is used by the public, whether or not 29 on payment of money; or 30 Examples of a place that may be a public place under 31 subparagraph (i)-- 32 a beach, a park, a road 33 Page 603

Mental Health Bill 2015 Schedule 3 (ii) the occupier of which allows, whether or not on 1 payment of money, members of the public to enter; 2 or 3 Examples of a place that may be a public place under 4 subparagraph (ii)-- 5 a saleyard, a showground 6 (b) a place that is a public place under another Act. 7 public sector health service see the Hospital and Health 8 Boards Act 2011, schedule 2. 9 public sector health service facility see the Hospital and 10 Health Boards Act 2011, schedule 2. 11 public sector mental health service means an authorised 12 mental health service that is a public sector health service. 13 publish means-- 14 (a) publish to the public by way of television, newspaper, 15 radio, the internet or other form of communication; and 16 (b) the public dissemination of information, including, for 17 example, distributing information by leaflets in 18 letterboxes, or announcing information at a meeting. 19 purpose of limited community treatment means the purpose 20 of limited community treatment under section 16. 21 reasonable time of the day or night, for chapter 9, part 3, see 22 section 278. 23 reasonably suspects, for chapter 14, see section 552. 24 recommendation for assessment, for a person, means a 25 recommendation for assessment for the person made under 26 section 39. 27 records system, for chapter 7, part 8, see section 225(1). 28 reduction and elimination plan, for chapter 8, see section 29 263. 30 reference, in relation to a person, see section 106. 31 registrar means the registrar of the Mental Health Court. 32 registry means the Mental Health Court Registry. 33 Page 604

Mental Health Bill 2015 Schedule 3 regulated treatment see section 231. 1 relevant circumstances, of a person, means each of the 2 following-- 3 (a) the person's mental state and psychiatric history; 4 (b) any intellectual disability of the person; 5 (c) the person's social circumstances, including, for 6 example, family and social support; 7 (d) the person's response to treatment and care and the 8 person's willingness to receive appropriate treatment 9 and care; 10 (e) if relevant, the person's response to previous treatment 11 in the community. 12 relevant court, for chapter 12, part 6, division 3, see section 13 493. 14 relevant forensic patient, for chapter 10, part 5, see section 15 309. 16 relevant offence-- 17 (a) for chapter 12, part 6, division 2, see section 487; or 18 (b) for chapter 12, part 6, division 3, see section 492. 19 relevant patient-- 20 (a) for chapter 8, see section 242; or 21 (b) for chapter 10, part 6 and schedule 1, see section 315. 22 relevant person, for chapter 16, part 2, division 6, subdivision 23 2, see section 726(1)(a) and (2)(a). 24 relevant service, for chapter 16, part 1, division 9, see section 25 670. 26 relevant unlawful act-- 27 (a) in relation to a reference--see section 129; or 28 (b) in relation to a forensic order (mental health), forensic 29 order (disability), forensic order (Criminal Code) or 30 treatment support order, means the unlawful act that led 31 to the making of-- 32 Page 605

Mental Health Bill 2015 Schedule 3 (i) the order; or 1 (ii) a forensic order that ended or was revoked on the 2 making of the order mentioned in subparagraph (i); 3 or 4 (iii) a forensic order that ended or was revoked on the 5 making of the order mentioned in subparagraph 6 (ii). 7 Notes-- 8 1 See section 459 for the making of a forensic order (mental 9 health) or forensic order (disability) for a person subject to a 10 forensic order (Criminal Code). 11 2 See section 455 for the making of a forensic order 12 (disability) on the revocation of a forensic order (mental 13 health). 14 3 See section 448 for the making of a treatment support order 15 on the revocation of forensic order (mental health). 16 remote conferencing means-- 17 (a) teleconferencing; or 18 (b) videoconferencing; or 19 (c) another form of communication that allows persons 20 taking part in the proceeding to hear and take part in 21 discussions as they happen. 22 report, for chapter 17, part 4, see section 786. 23 required information, for chapter 8, see section 242. 24 required time and way, for chapter 8, see section 242. 25 responsible officer, of an interstate mental health service, 26 means an entity responsible for-- 27 (a) authorising the admission of persons who have a mental 28 illness, who are from another State, to the interstate 29 mental health service; or 30 (b) authorising the transfer of persons who have a mental 31 illness from the interstate mental health service to 32 another State. 33 Page 606

Mental Health Bill 2015 Schedule 3 restraint, seclusion and other practices policy see section 1 272(1). 2 review-- 3 (a) of a treatment authority, for chapter 12, part 2--see 4 section 409; or 5 (b) of a forensic order (mental health) or forensic order 6 (disability), for chapter 12, part 3--see section 429; or 7 (c) of a treatment support order, for chapter 12, part 5--see 8 section 461. 9 review notice, for chapter 14, part 8, see section 606(1)(c). 10 review notice day, for chapter 14, part 8, see section 11 606(2)(a). 12 review period, for chapter 2, part 4, see section 56. 13 scanning search, for chapter 11, part 7, see section 382. 14 scheduled review, for chapter 16, part 2, division 6, 15 subdivision 2, see section 726(1)(b) and (2)(b). 16 search requiring the removal of clothing, for chapter 11, part 17 7, see section 382. 18 seclusion see section 253. 19 section 613 finding see section 189(2), definition relevant 20 finding, paragraph (a). 21 section 645 finding see section 189(2), definition relevant 22 finding, paragraph (b). 23 second psychiatrist report see section 100(2). 24 security officer, for chapter 11, part 7, see section 382. 25 serious offence means an indictable offence, other than an 26 offence that is a relevant offence under the Criminal Code, 27 section 552BA(4). 28 Note-- 29 Under the Criminal Code, section 552BA, a charge of an indictable 30 offence that is a relevant offence must, subject to the Criminal Code, 31 section 552D, be heard and decided summarily. 32 simple offence see section 171. 33 Page 607

Mental Health Bill 2015 Schedule 3 staff, of the tribunal, means a person employed under section 1 711. 2 statement of rights see section 275(1). 3 support person, of another person, includes a personal 4 guardian or attorney of the person. 5 tracking device means an electronic device capable of being 6 worn, and not removed, by a person for the purpose of finding 7 or monitoring the geographical location of the person. 8 transfer considerations, for chapter 11, part 5, see section 9 348. 10 transfer recommendation, for chapter 3, see section 68(2). 11 transport, of a person, includes the use of physical restraint to 12 move the person. 13 treating health service, for a person, means the authorised 14 mental health service responsible for the person's treatment 15 and care. 16 treatment, of a person who has a mental illness or other 17 mental condition, includes anything done, or to be done, with 18 the intention of having a therapeutic effect on the person's 19 illness, including the provision of a diagnostic procedure. 20 treatment authority see section 49. 21 treatment criteria see section 12. 22 treatment in the community means-- 23 (a) for a person subject to a treatment authority, forensic 24 order (mental health) or treatment support order-- 25 (i) if the category of the authority or order is 26 inpatient--limited community treatment; or 27 (ii) if the category of the authority or order is 28 community--treatment and care of the person 29 under the order while the person is living in the 30 community; or 31 (b) for a person subject to a forensic order (disability)-- 32 Page 608

Mental Health Bill 2015 Schedule 3 (i) if the category of the order is inpatient--limited 1 community treatment; or 2 (ii) if the category of the order is community--care of 3 the person under the order while the person is 4 living in the community. 5 treatment support order see section 143(1). 6 tribunal means the Mental Health Review Tribunal continued 7 under section 702. 8 tribunal review-- 9 (a) of a treatment authority, for chapter 12, part 2--see 10 section 411(3) and (4); or 11 (b) of a forensic order (mental health) or forensic order 12 (disability), for chapter 12, part 3--see section 431(3) 13 and (4); or 14 (c) of a treatment support order, for chapter 12, part 5--see 15 section 463(3) and (4). 16 tribunal rules means rules of court made under section 766. 17 unit, for chapter 8, see section 242. 18 unlawful act, of a person, includes an act or omission of the 19 person constituting an offence with which the person is 20 charged. 21 unsound mind see section 109. 22 vehicle-- 23 (a) means a vehicle under the Transport Operations (Road 24 Use Management) Act 1995; and 25 (b) includes a vessel under that Act. 26 victim, of an unlawful act, means a person against whom the 27 unlawful act was committed or allegedly committed. 28 victim impact statement, in relation to an unlawful act, means 29 a written statement that-- 30 (a) is signed and dated; and 31 Page 609

Mental Health Bill 2015 Schedule 3 (b) states the particulars of the harm caused to a victim, or 1 close relative of the victim, by the unlawful act; and 2 (c) may have attached to it-- 3 (i) documents supporting the particulars, including, 4 for example, medical reports; or 5 (ii) photographs, drawings or other images. 6 victim support service means an entity in a Hospital and 7 Health Service, or the department, that provides support 8 services to victims of unlawful acts. 9 warrant for apprehension means a warrant for apprehension 10 issued under section 376. 11 Page 610

Mental Health Bill 2015 Schedule 4 Schedule 4 Minor or consequential 1 amendments of particular 2 legislation 3 section 921 4 Bail Act 1980 5 1 Particular references to Mental Health Act 2000 6 Each of the following provisions is amended by omitting 7 'Mental Health Act 2000' and inserting 'Mental Health Act 8 2015'-- 9 • section 11(6)(a) 10 • section 21(1)(c)(i) 11 Child Protection (Offender Prohibition Order) Act 2008 12 1 Schedule, definition forensic order-- 13 omit, insert-- 14 forensic order means a following order under the 15 Mental Health Act 2015-- 16 (a) a forensic order (mental health); 17 (b) a forensic order (disability); 18 (c) a forensic order (Criminal Code). 19 Child Protection (Offender Reporting) Act 2004 20 1 Section 13(7) and (8), 'Mental Health Act 2000, chapter 8, 21 part 2'-- 22 omit, insert-- 23 Page 611

Mental Health Bill 2015 Schedule 4 Mental Health Act 2015 1 2 Section 13(9), 'Mental Health Act 2000, section 203'-- 2 omit, insert-- 3 Mental Health Act 2015, section 439 4 3 Section 25(1)(c), example, 'Mental Health Act 2000'-- 5 omit, insert-- 6 Mental Health Act 2015 7 4 Section 58(1)-- 8 omit, insert-- 9 (1) As soon as practicable before or after a decision 10 mentioned in any of the following provisions of 11 the Mental Health Act 2015 is made in relation to 12 a forensic reportable offender, the supervising 13 authority is authorised and directed to give 14 written notice of that fact to the police 15 commissioner-- 16 (a) chapter 5, part 4, division 2, subdivision 2; 17 (b) section 221; 18 (c) chapter 12, part 3, division 4; 19 (d) section 523. 20 5 Schedule 5, definition forensic order-- 21 omit, insert-- 22 forensic order means a following order under the 23 Mental Health Act 2015-- 24 (a) a forensic order (mental health); 25 (b) a forensic order (disability); 26 (c) a forensic order (Criminal Code). 27 Page 612

Mental Health Bill 2015 Schedule 4 6 Schedule 5, definition forensic reportable offender, 1 'Mental Health Act 2000'-- 2 omit, insert-- 3 Mental Health Act 2015 4 Commissions of Inquiry Act 1950 5 1 Section 5B(3), definition administrator, paragraph (a), 6 'declared under the Mental Health Act 2000 to be'-- 7 omit, insert-- 8 appointed under the Mental Health Act 2015 as 9 2 Section 5B(3), definition authorised mental health 10 service, 'Mental Health Act 2000, schedule'-- 11 omit, insert-- 12 Mental Health Act 2015, schedule 3 13 3 Section 5B(3), definition involuntary patient, 'Mental 14 Health Act 2000, schedule'-- 15 omit, insert-- 16 Mental Health Act 2015, schedule 3 17 Coroners Act 2003 18 1 Section 9(1)(aa)(ii), 'section 37 or'-- 19 omit. 20 2 Section 9(1)(aa)(iii), 'limited'-- 21 omit. 22 Page 613

Mental Health Bill 2015 Schedule 4 3 Section 9(1)(b)-- 1 omit, insert-- 2 (b) the person was-- 3 (i) being detained in an authorised mental 4 health service as an involuntary patient 5 under the Mental Health Act 2015; or 6 (ii) being detained in a public sector health 7 service facility or authorised mental 8 health service under an emergency 9 examination authority under the Public 10 Health Act 2005; or 11 (iii) being transported to or from an 12 authorised mental health service under 13 the Mental Health Act 2015; or 14 (iv) undertaking limited community 15 treatment under the Mental Health Act 16 2015 while in the physical presence of 17 a health service employee; or 18 (v) temporarily absent from an authorised 19 mental health service under an 20 approval given under the Mental 21 Health Act 2015, section 221 while in 22 the physical presence of a health 23 service employee; or 24 4 Particular references to Mental Health Act 2000 25 Each of the following provisions is amended by omitting 26 'Mental Health Act 2000' and inserting 'Mental Health Act 27 2015'-- 28 • section 9(4), definition authorised mental heath service 29 • section 10(2), definition custody, paragraph (c)(ii) 30 • section 47(3), definition relevant Act, paragraph (a)(iv) 31 Page 614

Mental Health Bill 2015 Schedule 4 Corrective Services Act 2006 1 1 Particular references to Mental Health Act 2000 2 Each of the following provisions is amended by omitting 3 'Mental Health Act 2000' and inserting 'Mental Health Act 4 2015'-- 5 • section 6(3)(d) 6 • section 68(5) 7 • schedule 4, definition authorised mental health service 8 • schedule 4, definition prisoner, paragraph 1(b) 9 2 Section 319S(2)(b), 'Mental Health Act 2000, chapter 7, 10 part 6'-- 11 omit, insert-- 12 Mental Health Act 2015, chapter 5, part 3 13 Crime and Corruption Act 2001 14 1 Section 83(2)-- 15 omit, insert-- 16 (2) If the attendance before the commission of a 17 patient detained in an authorised mental health 18 service under the Mental Health Act 2015 is 19 required, the chairman may, by notice given to 20 the administrator of the service, direct the 21 administrator to produce the patient named in the 22 notice at a stated time and place. 23 2 Section 83(6), definitions administrator, Mental Health 24 Act and patient-- 25 omit. 26 Page 615

Mental Health Bill 2015 Schedule 4 3 Section 83(6)-- 1 insert-- 2 administrator, of an authorised mental health 3 service, see the Mental Health Act 2015, 4 schedule 3. 5 authorised mental health service see the Mental 6 Health Act 2015, schedule 3. 7 Criminal Law Amendment Act 1945 8 1 Section 18(8) and (8A), 'director of mental health'-- 9 omit, insert-- 10 chief psychiatrist 11 2 Section 18(14), definition director of mental health-- 12 omit. 13 3 Section 18(14)-- 14 insert-- 15 chief psychiatrist see the Mental Health Act 16 2015, schedule 3. 17 Criminal Proceeds Confiscation Act 2002 18 1 Section 112(1)(a), 'Mental Health Act 2000, chapter 7, part 19 6'-- 20 omit, insert-- 21 Mental Health Act 2015, chapter 5, part 3 22 Page 616

Mental Health Bill 2015 Schedule 4 Disability Services Act 2006 1 1 Section 120(2)(a)(i), 'condition'-- 2 omit, insert-- 3 state 4 2 Section 123(1)(b), 'condition'-- 5 omit, insert-- 6 state 7 3 Section 123(5)(a), 'Mental Health Act 2000, section 284'-- 8 omit, insert-- 9 Mental Health Act 2015, section 163 10 4 Section 123(9)(a), 'Mental Health Act 2000, section 426'-- 11 omit, insert-- 12 Mental Health Act 2015, section 694 13 5 Section 123(9)(b), 'Mental Health Act 2000, section 318'-- 14 omit, insert-- 15 Mental Health Act 2015, section 160 16 6 Section 123(10), 'Mental Health Act 2000, section 17 318(2)'-- 18 omit, insert-- 19 Mental Health Act 2015, section 160(2) 20 7 Section 124(1)(b), 'the person's mental condition under 21 the Mental Health Act 2000, chapter 6, part 3 or 4'-- 22 omit, insert-- 23 Page 617

Mental Health Bill 2015 Schedule 4 a forensic order to which the person is subject, or the 1 person's fitness for trial, under the Mental Health Act 2 2015, chapter 12, part 3, 4 or 6 3 8 Section 124(2)(c), 'under the Mental Health Act 2000, 4 section 203A'-- 5 omit, insert-- 6 or other person mentioned in the Mental Health Act 7 2015, section 452 8 9 Section 124(5)(a), 'Mental Health Act 2000, section 464'-- 9 omit, insert-- 10 Mental Health Act 2015, section 155 or 740 11 10 Section 124(9), 'Mental Health Act 2000, section 458'-- 12 omit, insert-- 13 Mental Health Act 2015, section 720 14 11 Section 128(1)(b), 'condition'-- 15 omit, insert-- 16 state 17 12 Section 128(4)(a), 'Mental Health Act 2000, section 284'-- 18 omit, insert-- 19 Mental Health Act 2015, section 163 20 13 Section 128(4)(c), 'Mental Health Act 2000, section 426'-- 21 omit, insert-- 22 Mental Health Act 2015, section 694 23 Page 618

Mental Health Bill 2015 Schedule 4 14 Section 128(7), 'Mental Health Act 2000, section 318'-- 1 omit, insert-- 2 Mental Health Act 2015, section 160 3 15 Section 128(8), 'Mental Health Act 2000, section 318(2)'-- 4 omit, insert-- 5 Mental Health Act 2015, section 160(2) 6 16 Section 129(1)(b), 'the person's mental condition under 7 the Mental Health Act 2000, chapter 6, part 3 or 4'-- 8 omit, insert-- 9 a forensic order to which the person is subject, or the 10 person's fitness for trial, under the Mental Health Act 11 2015, chapter 12, part 3, 4 or 6 12 17 Section 129(2)(c), 'under the Mental Health Act 2000, 13 section 203A'-- 14 omit, insert-- 15 or other person mentioned in the Mental Health Act 16 2015, section 452 17 18 Section 129(4)(a), 'Mental Health Act 2000, section 464'-- 18 omit, insert-- 19 Mental Health Act 2015, section 155 or 740 20 19 Section 129(4)(c), 'Mental Health Act 2000, section 458'-- 21 omit, insert-- 22 Mental Health Act 2015, section 720 23 20 Section 144, definition director of mental health-- 24 omit. 25 Page 619

Mental Health Bill 2015 Schedule 4 21 Section 144-- 1 insert-- 2 chief psychiatrist see the Mental Health Act 3 2015, schedule 3. 4 22 Section 144, definition authorised psychiatrist, 'Mental 5 Health Act 2000, schedule'-- 6 omit, insert-- 7 Mental Health Act 2015, schedule 3 8 23 Section 145(4), definition mental illness, 'Mental Health 9 Act 2000, section 12'-- 10 omit, insert-- 11 Mental Health Act 2015, section 10 12 24 Particular references to involuntary treatment order 13 under Mental Health Act 2000 14 Each of the following provisions is amended by omitting 'or 15 involuntary treatment order under the Mental Health Act 16 2000' and inserting ', treatment support order or treatment 17 authority under the Mental Health Act 2015'-- 18 • section 159(1)(a)(i) 19 • section 162(b) 20 • section 164(5)(b) 21 • section 175(1)(b) 22 • section 177(1)(c) 23 25 Particular references to treatment under Mental Health 24 Act 2000 25 Each of the following provisions is amended by omitting 26 'treatment of the adult under the Mental Health Act 2000' and 27 Page 620

Mental Health Bill 2015 Schedule 4 inserting 'treating the adult under the Mental Health Act 1 2015'-- 2 • section 159(2)(a) 3 • section 175(3)(a) 4 • section 176(1)(a) 5 • section 176(3), definition consult 6 26 Section 156(3)(d)-- 7 omit, insert-- 8 (d) if the chief executive is aware the adult is 9 subject to a forensic order, treatment support 10 order or treatment authority under the 11 Mental Health Act 2015--the authorised 12 psychiatrist responsible for treating the adult 13 under that Act; 14 27 Section 163(3)-- 15 omit, insert-- 16 (3) However, if the chief executive is deciding 17 whether a change should be made because the 18 adult is subject to a forensic order, treatment 19 support order or treatment authority under the 20 Mental Health Act 2015, the chief executive must 21 consult the authorised psychiatrist responsible for 22 treating the adult under that Act. 23 28 Section 173(2)(b)-- 24 omit, insert-- 25 (b) if the provider is aware the adult is subject 26 to a forensic order, treatment support order 27 or treatment authority under the Mental 28 Health Act 2015--ensure the authorised 29 psychiatrist responsible for treating the adult 30 under that Act is given the opportunity to 31 Page 621

Mental Health Bill 2015 Schedule 4 participate in the development of the 1 positive behaviour support plan; and 2 29 Part 6, division 4, subdivision 3, hdg, 'or involuntary 3 treatment order' 4 omit, insert-- 5 , treatment support order or treatment authority 6 30 Particular references to director of mental health 7 Each of the following provisions is amended by omitting 8 'director of mental health' and inserting 'chief psychiatrist'-- 9 • section 164(6), definition relevant director, paragraph 10 (b) 11 • section 177(3), definition relevant director, paragraph 12 (b) 13 31 Section 178(4)(b)-- 14 omit, insert-- 15 (b) if the chief executive is aware the adult is 16 subject to a forensic order, treatment support 17 order or treatment authority under the 18 Mental Health Act 2015--the authorised 19 psychiatrist responsible for treating the adult 20 under that Act; 21 32 Section 192(2)(c)-- 22 omit, insert-- 23 (c) if the relevant service provider is aware the 24 adult is subject to a forensic order, treatment 25 support order or treatment authority under 26 the Mental Health Act 2015--the terms of 27 the order or authority. 28 Page 622

Mental Health Bill 2015 Schedule 4 33 Schedule 8, definition director of mental health-- 1 omit. 2 34 Schedule 8-- 3 insert-- 4 chief psychiatrist, for part 6, see section 144. 5 Guardianship and Administration Act 2000 6 1 Section 13A(6)(f)-- 7 omit, insert-- 8 (f) if the individual is subject to a forensic 9 order, treatment support order or treatment 10 authority under the Mental Health Act 11 2015--the chief psychiatrist. 12 2 Section 29(1)(c)(vi)-- 13 omit, insert-- 14 (vi) if the adult is subject to a forensic 15 order, treatment support order or 16 treatment authority under the Mental 17 Health Act 2015--the chief 18 psychiatrist; 19 3 Section 65(4), note, 'psychosurgery'-- 20 omit, insert-- 21 a non-ablative neurosurgical procedure 22 4 Section 68(1), 'psychosurgery'-- 23 omit, insert-- 24 a non-ablative neurosurgical procedure 25 Page 623

Mental Health Bill 2015 Schedule 4 5 Section 80U, definition authorised psychiatrist, 'Mental 1 Health Act 2000, schedule'-- 2 omit, insert-- 3 Mental Health Act 2015, schedule 3 4 6 Section 80W(1)(b)-- 5 omit, insert-- 6 (b) if the tribunal is aware the adult is subject to 7 a forensic order, treatment support order or 8 treatment authority under the Mental Health 9 Act 2015-- 10 (i) the terms of the order or authority; and 11 (ii) the views of the authorised psychiatrist 12 responsible for treating the adult under 13 that Act about the containment or 14 seclusion of the adult; 15 7 Section 80W(1)(c)(i), 'Mental Health Act 2000'-- 16 omit, insert-- 17 Mental Health Act 2015 18 8 Section 80ZA(b)(vi)-- 19 omit, insert-- 20 (vi) if the adult is subject to a forensic 21 order, treatment support order or 22 treatment authority under the Mental 23 Health Act 2015--the chief 24 psychiatrist; 25 9 Section 80ZE(5)(a)-- 26 omit, insert-- 27 (a) if the guardian is aware the adult is subject 28 to a forensic order, treatment support order 29 Page 624

Mental Health Bill 2015 Schedule 4 or treatment authority under the Mental 1 Health Act 2015-- 2 (i) the terms of the order or authority; and 3 (ii) the views of the authorised psychiatrist 4 responsible for treating the adult under 5 that Act about the use of the restrictive 6 practice; 7 10 Section 80ZE(5)(b)(i), 'Mental Health Act 2000'-- 8 omit, insert-- 9 Mental Health Act 2015 10 11 Section 80ZH(3)(c)-- 11 omit, insert-- 12 (c) if the public guardian is aware the adult is 13 subject to a forensic order, treatment support 14 order or treatment authority under the 15 Mental Health Act 2015--the authorised 16 psychiatrist responsible for treating the adult 17 under that Act; 18 12 Section 80ZP(f)-- 19 omit, insert-- 20 (f) if the adult is subject to a forensic order, 21 treatment support order or treatment 22 authority under the Mental Health Act 23 2015--the chief psychiatrist; 24 13 Section 80ZQ(e)-- 25 omit, insert-- 26 (e) if the adult is subject to a forensic order, 27 treatment support order or treatment 28 Page 625

Mental Health Bill 2015 Schedule 4 authority under the Mental Health Act 1 2015--the chief psychiatrist; 2 14 Section 80ZS(2)(b)(v)-- 3 omit, insert-- 4 (v) if the informal decision-maker is aware 5 the adult is subject to a forensic order, 6 treatment support order or treatment 7 authority under the Mental Health Act 8 2015--the authorised psychiatrist 9 responsible for treating the adult under 10 that Act has been given an opportunity 11 to participate in the development of the 12 positive behaviour support plan; and 13 15 Section 118(1)(g)(iii)-- 14 omit, insert-- 15 (iii) if the tribunal is aware the adult is 16 subject to a forensic order, treatment 17 support order or treatment authority 18 under the Mental Health Act 2015--the 19 chief psychiatrist; and 20 16 Schedule 2, section 5(3)-- 21 insert-- 22 (d) psychosurgery for the adult. 23 17 Schedule 2, section 7(e), 'psychosurgery'-- 24 omit, insert-- 25 a non-ablative neurosurgical procedure 26 18 Schedule 2, section 15-- 27 omit, insert-- 28 Page 626

Mental Health Bill 2015 Schedule 4 15 Psychosurgery 1 Psychosurgery is a procedure on the brain, that 2 involves deliberate damage to or removal of brain 3 tissue, for the treatment of a mental illness. 4 15A Non-ablative neurosurgical procedure 5 A non-ablative neurosurgical procedure is a 6 procedure on the brain, that does not involve 7 deliberate damage to or removal of brain tissue, for the 8 treatment of a mental illness. 9 19 Schedule 4, definition director of mental health-- 10 omit. 11 20 Schedule 4-- 12 insert-- 13 chief psychiatrist see the Mental Health Act 14 2015, schedule 3. 15 non-ablative neurosurgical procedure see 16 schedule 2, section 15A. 17 Hospital and Health Boards Act 2011 18 1 Particular references to director of mental health 19 Each of the following provisions is amended by omitting 20 'director of mental health' and inserting 'chief psychiatrist'-- 21 • section 111, heading and subsection (2) 22 • section 139, definition designated person, paragraph (d) 23 2 Section 111(3), definition authorised mental health 24 service-- 25 omit, insert-- 26 Page 627

Mental Health Bill 2015 Schedule 4 authorised mental health service see the Mental 1 Health Act 2015, schedule 3. 2 3 Schedule 2, definition director of mental health-- 3 omit. 4 4 Schedule 2-- 5 insert-- 6 chief psychiatrist see the Mental Health Act 7 2015, schedule 3. 8 Limitation of Actions Act 1974 9 1 Section 5(3)(a), 'Mental Health Act 2000'-- 10 omit, insert-- 11 Mental Health Act 2015 12 2 Section 5(3)(c), 'in strict custody pursuant to an order of 13 the court or in safe custody pursuant to'-- 14 omit, insert-- 15 detained in an authorised mental health service under 16 an order of the court or in safe custody under 17 Penalties and Sentences Act 1992 18 1 Section 163(3)(a), 'Mental Health Act 2000, chapter 7, part 19 6'-- 20 omit, insert-- 21 Mental Health Act 2015, chapter 5, part 3 22 Page 628

Mental Health Bill 2015 Schedule 4 Police Powers and Responsibilities Act 2000 1 1 Section 12(1), example-- 2 omit, insert-- 3 Example-- 4 A police officer who has entered a place under section 5 609 may, under the Public Health Act 2005, section 6 157B, take a person to a treatment or care place within 7 the meaning of chapter 4A of that Act. 8 2 Schedule 1, entry for Mental Health Act 2000-- 9 omit, insert-- 10 Mental Health Act 2015 11 3 Schedule 1-- 12 insert-- 13 Public Health Act 2005, chapter 4A 14 Public Guardian Act 2014 15 1 Section 39, definitions consumer and visitable site, 16 'Mental Health Act 2000'-- 17 omit, insert-- 18 Mental Health Act 2015 19 2 Section 47(4)(c)-- 20 omit, insert-- 21 (c) the chief psychiatrist under the Mental 22 Health Act 2015; 23 Page 629

Mental Health Bill 2015 Schedule 4 3 Section 51, definition authorised mental health service, 1 'Mental Health Act 2000, schedule'-- 2 omit, insert-- 3 Mental Health Act 2015, schedule 3 4 4 Section 70(4)(f)-- 5 renumber as section 70(4)(g). 6 5 Section 70(4)-- 7 insert-- 8 (f) the chief psychiatrist under the Mental 9 Health Act 2015; 10 Public Service Act 2008 11 1 Schedule 1, entry for Mental Health Review Tribunal, 12 'Mental Health Act 2000'-- 13 omit, insert-- 14 Mental Health Act 2015 15 Residential Services (Accreditation) Act 2002 16 1 Section 4(5)(b), 'Mental Health Act 2000'-- 17 omit, insert-- 18 Mental Health Act 2015 19 Page 630

Mental Health Bill 2015 Schedule 4 Residential Tenancies and Rooming Accommodation 1 Act 2008 2 1 Section 44(1)(c), 'Mental Health Act 2000'-- 3 omit, insert-- 4 Mental Health Act 2015 5 Statutory Instruments Act 1992 6 1 Schedule 2A, 'Mental Health Act 2000'-- 7 omit, insert-- 8 Mental Health Act 2015 9 Terrorism (Preventative Detention) Act 2005 10 1 Section 62(1)(c), 'Mental Health Act 2000'-- 11 omit, insert-- 12 Mental Health Act 2015 13 Victims of Crime Assistance Act 2009 14 1 Section 15(1), note, 'condition'-- 15 omit, insert-- 16 state 17 2 Section 15(1), note, 'Mental Health Act 2000, see section 18 284'-- 19 omit, insert-- 20 Mental Health Act 2015, see section 162 21 Page 631

Mental Health Bill 2015 Schedule 4 3 Section 16(2), note, paragraph (b)-- 1 omit, insert-- 2 (b) the Mental Health Act 2015, chapter 10, part 6. 3 Weapons Act 1990 4 1 Section 53(7), definition excluded person, paragraph (f), 5 'Mental Health Act 2000 or a similar order under the 6 Mental Health Act 1974'-- 7 omit, insert-- 8 Mental Health Act 2015 or a similar order under the 9 repealed Mental Health Act 2000 10 Working with Children (Risk Management and 11 Screening) Act 2000 12 1 Section 329(2)(a)(i), 'condition'-- 13 omit, insert-- 14 state 15 2 Section 332(1)(b), 'condition'-- 16 omit, insert-- 17 state 18 3 Section 332(5)(a), 'Mental Health Act 2000, section 284'-- 19 omit, insert-- 20 Mental Health Act 2015, section 163 21 4 Section 332(9)(a), 'Mental Health Act 2000, section 426'-- 22 omit, insert-- 23 Page 632

Mental Health Bill 2015 Schedule 4 Mental Health Act 2015, section 694 1 5 Section 332(9)(b), 'Mental Health Act 2000, section 318'-- 2 omit, insert-- 3 Mental Health Act 2015, section 160 4 6 Section 332(10), 'Mental Health Act 2000, section 5 318(2)'-- 6 omit, insert-- 7 Mental Health Act 2015, section 160(2) 8 7 Section 333(1)(b), 'the person's mental condition under 9 the Mental Health Act 2000, chapter 6, part 3 or 4'-- 10 omit, insert-- 11 a forensic order to which the person is subject, or the 12 person's fitness for trial, under the Mental Health Act 13 2015, chapter 12, part 3, 4 or 6 14 8 Section 333(2)(c), 'under the Mental Health Act 2000, 15 section 203A'-- 16 omit, insert-- 17 or other person mentioned in the Mental Health Act 18 2015, section 452 19 9 Section 333(5)(a), 'Mental Health Act 2000, section 464'-- 20 omit, insert-- 21 Mental Health Act 2015, section 155 or 740 22 10 Section 333(9), 'Mental Health Act 2000, section 458'-- 23 omit, insert-- 24 Mental Health Act 2015, section 720 25 Page 633

Mental Health Bill 2015 Schedule 4 11 Section 337(1)(b), 'condition'-- 1 omit, insert-- 2 state 3 12 Section 337(4)(a), 'Mental Health Act 2000, section 284'-- 4 omit, insert-- 5 Mental Health Act 2015, section 163 6 13 Section 337(4)(c), 'Mental Health Act 2000, section 426'-- 7 omit, insert-- 8 Mental Health Act 2015, section 694 9 14 Section 337(7), 'Mental Health Act 2000, section 318'-- 10 omit, insert-- 11 Mental Health Act 2015, section 160 12 15 Section 337(8), 'Mental Health Act 2000, section 318(2)'-- 13 omit, insert-- 14 Mental Health Act 2015, section 160(2) 15 16 Section 338(1)(b), 'the person's mental condition under 16 the Mental Health Act 2000, chapter 6, part 3 or 4'-- 17 omit, insert-- 18 a forensic order to which the person is subject, or the 19 person's fitness for trial, under the Mental Health Act 20 2015, chapter 12, part 3, 4 or 6 21 17 Section 338(2)(c), 'under the Mental Health Act 2000, 22 section 203A'-- 23 omit, insert-- 24 Page 634

Mental Health Bill 2015 Schedule 4 or other person mentioned in the Mental Health Act 1 2015, section 452 2 18 Section 338(4)(a), 'Mental Health Act 2000, section 464'-- 3 omit, insert-- 4 Mental Health Act 2015, section 155 or 740 5 19 Section 338(4)(c), 'Mental Health Act 2000, section 458'-- 6 omit, insert-- 7 Mental Health Act 2015, section 720 8 Youth Justice Act 1992 9 1 Particular references to Mental Health Act 2000 10 Each of the following provisions is amended by omitting 11 'Mental Health Act 2000' and inserting 'Mental Health Act 12 2015'-- 13 • section 61 and heading 14 • section 264, heading and subsection (1) 15 � State of Queensland 2015 Authorised by the Parliamentary Counsel Page 635

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MENTAL HEALTH BILL 2015