Queensland Consolidated Acts Queensland Consolidated Acts(1) A person's death is a death in care if, when the person died--
(a) the person had a disability mentioned in the Disability Services Act 2006, section 11, and--
(i) was living in a level 3 accredited residential service; or
(ii) was receiving residential services operated, or wholly or partly funded, by the department in which the Disability Services Act 2006 is administered; or
(iii) was living at a place--
(A) that is not a private dwelling or aged care facility; and
(B) that is wholly or partly funded by the department in which the Health Services Act 1991 is administered or at which that department provides services; or
(b) the person was, under the Mental Health Act 2000--
(i) being taken to a place where there is an authorised mental health service under section 25, 39, 292 or 508 of that Act; or
(ii) being taken to, or detained in, a place where there is an authorised mental health service as an involuntary patient or under an emergency examination order; or
(iii) being detained because of a court order under section 101(2), 273(1)(b), 337(6) or 422(1) of that Act; or
(iv) undertaking limited community treatment while accompanied by an employee of a health service; or
(c) the person was under the guardianship of the chief executive under the Adoption of Children Act 1964, section 27; or
(d) the person was a child placed in care under the Child Protection Act 1999, section 82.
(2) Subsection (1)(b) applies even if, immediately before the person was detained, the person was in the custody of the chief executive (corrective services) under the Corrective Services Act 2006.
(3) Subsection (1) applies even if the person died somewhere other than the place where the person ordinarily lived for the purposes of being in care.
Example--
A child placed in the care of an approved foster carer becomes ill and is taken to hospital. The child dies while in hospital. The child's death is a death in care.
(4) In this section--
level 3 accredited residential service means a residential service that has, or is required to apply for, a level 3 accreditation under the Residential Services (Accreditation) Act 2002.