Queensland Consolidated Acts

FORENSIC DISABILITY ACT 2011

TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--PRELIMINARY

           Part 1--Introduction

   1.      Short title
   2.      Commencement

           Part 2--Purpose and application of Act

   3.      Purpose
   4.      How purpose is to be achieved
   5.      Act binds all persons
   6.      Application of Act

           Part 3--Principles for administration of Act

   7.      General principles
   8.      Principles for exercising powers and performing functions

           Part 4--Interpretation

   9.      Definitions
   10.     Who is a forensic disability client
   11.     What is a cognitive disability
   12.     What is an intellectual disability

CHAPTER 2--SUPPORT AND DEVELOPMENT OF FORENSIC DISABILITY CLIENTS

           Part 1--Individual development plans

   13.     What is an individual development plan
   14.     Preparing plan for client
   15.     Content of plan
   16.     Senior practitioner must tell client about plan
   17.     Changing plan
   18.     Care and support under plan
   19.     Regular assessment of client

           Part 2--Limited community treatment

   20.     Authorising limited community treatment
   21.     Limited community treatment on order of tribunal or Mental Health Court
   22.     What individual development plan must state about limited community treatment

CHAPTER 3--ALLIED PERSONS

   23.     Who is an allied person
   24.     Function of allied person
   25.     Client may choose allied person
   26.     Who is allied person if client does not have capacity to choose
   27.     When choice of allied person ends
   28.     Administrator to give notice of applicable forensic order to allied person

CHAPTER 4--RIGHTS OF FORENSIC DISABILITY CLIENTS AND OTHERS

           Part 1--Statement of rights

   29.     Preparing statement of rights
   30.     Giving statement of rights to client and allied person
   31.     Notice of rights

           Part 2--Rights of persons other than forensic disability service employees to visit client etc.

   32.     Visiting and assessing client and consulting about client's care and support

CHAPTER 5--TRANSFER AND TEMPORARY ABSENCE OF FORENSIC DISABILITY CLIENTS

           Part 1--Transfer

   33.     Transfer from forensic disability service to authorised mental health service
   34.     Transfer if detained temporarily in authorised mental health service
   35.     Director to give notice of transfer order to tribunal and others
   36.     Administrator to give notice of transfer order to client and allied person
   37.     Taking client to authorised mental health service if transferred
   38.     Giving information about client for facilitating transfer and care and support
   39.     Continuation of existing forensic order
   40.     Continuation of matters under applied provisions for client transferred to authorised mental health service

           Part 2--Temporary absence

   41.     Absence of client with director's approval

CHAPTER 6--REGULATION OF BEHAVIOUR CONTROL

           Part 1--Preliminary

   42.     Purpose of ch 6
   43.     Definitions for ch 6
   44.     Meaning of behaviour control medication
   45.     Meaning of restraint
   46.     Meaning of seclusion
   47.     Relationship with Disability Services Act
   48.     Relationship with Guardianship and Administration Act

           Part 2--Behaviour control

           Division 1--Behaviour control medication

   49.     Offence to administer behaviour control medication
   50.     Use of behaviour control medication
   51.     Obligations of senior practitioner
   52.     Review of client's behaviour control medication
   53.     Consent of client not required

           Division 2--Restraint

   54.     Offence to use restraint
   55.     Approval of appliances for restraint
   56.     Authorisation of use of restraint
   57.     Obligations of senior practitioner and authorised practitioner
   58.     Removal of restraint before authorisation ends
   59.     Consent of client not required

           Division 3--Seclusion

   60.     Offence to keep client in seclusion
   61.     When client may be placed in seclusion
   62.     How authorisation of seclusion is given
   63.     Obligations of senior practitioner and authorised practitioner
   64.     Other obligations if authorised practitioner places client in seclusion in urgent circumstances
   65.     When authorised practitioner may end seclusion or return client to seclusion
   66.     Ending seclusion on director's order
   67.     Consent of client not required

           Division 4--Other provisions about regulated behaviour controls

   68.     Use of reasonable force
   69.     Ensuring client's reasonable needs are met while subject to a regulated behaviour control
   70.     Observation of client while restrained or secluded
   71.     Administrator must notify director about prescription of fixed dose behaviour control medication
   72.     Administrator must notify director about use of other regulated behaviour controls
   73.     What individual development plan must state about regulated behaviour controls
   74.     Register of use of regulated behaviour controls

CHAPTER 7--SECURITY OF FORENSIC DISABILITY SERVICE

           Part 1--Searching forensic disability clients and possessions

   75.     Purpose of pt 1
   76.     Authority to search
   77.     Carrying out search
   78.     Seizure of things
   79.     What happens to thing seized
   80.     Record of search
   81.     Compensation for damage to possessions

           Part 2--Excluding visitors

   82.     Administrator may refuse to allow a person to visit a client
   83.     Who may appeal
   84.     Procedure for appeal

CHAPTER 8--ADMINISTRATION

           Part 1--Director of Forensic Disability

   85.     Appointment
   86.     Duration of appointment
   87.     Functions
   88.     Powers—general
   89.     Independence of director
   90.     Delegation of director's powers
   91.     Policies and procedures about detention, care and support of clients
   92.     Giving information about client to director (mental health) or nominee
   93.     Annual report
   94.     Acting director

           Part 2--Forensic disability service and administrator

   95.     Declaration of forensic disability service
   96.     Declaration of administrator of forensic disability service
   97.     Delegation of administrator's powers
   98.     Administrator's obligation to ensure forensic order is given effect
   99.     Administrator's obligation to ensure policies and procedures are given effect
   100.    Acting administrator

           Part 3--Practitioners

   101.    Appointment of senior practitioners and authorised practitioners by administrator
   102.    Appointment of administrator as a senior practitioner
   103.    Powers of senior practitioners and authorised practitioners
   104.    Appointment of other persons to perform the role of a practitioner
   105.    Register of practitioners and other persons

           Part 4--Authorised officers

   106.    Appointment of authorised officers
   107.    Appointment conditions and limit on powers
   108.    Approval of identity cards
   109.    When authorised officer ceases to hold office
   110.    Resignation
   111.    Powers

CHAPTER 9--ENFORCEMENT, EVIDENCE AND LEGAL PROCEEDINGS

           Part 1--Return of forensic disability clients to forensic disability service for care and support

   112.    Senior practitioner may require return of client
   113.    Taking client to forensic disability service or authorised mental health service

           Part 2--Entry of places

   114.    Application of pt 2
   115.    Entry of places

           Part 3--Offences

   116.    Offences relating to ill-treatment
   117.    Offences relating to forensic disability clients absconding
   118.    Other offences relating to absence of forensic disability clients
   119.    Obstruction of official
   120.    False or misleading documents

           Part 4--Confidentiality

   121.    Confidentiality of information—allied persons
   122.    Confidentiality of information—other persons
   123.    Disclosure of confidential information

           Part 5--Investigations

   124.    Authorised officer may visit forensic disability service
   125.    Authorised officer may require production of documents etc.

           Part 6--Evidence and legal proceedings

   126.    Evidentiary provisions
   127.    Proceedings for offences
   128.    Protection of officials from liability

CHAPTER 10--APPLICATION OF MENTAL HEALTH ACT

           Part 1--Applied provisions

   129.    Applications for tribunal order for transfer of client to authorised mental health service
   130.    Applications for tribunal approval for client to move out of Queensland
   131.    Reviews by tribunal
   132.    Tribunal's decision to be given effect
   133.    Examinations, references and orders for clients charged with offences
   134.    Forensic information orders
   135.    Appeals against tribunal decisions
   136.    Appeals against Mental Health Court decisions on references
   137.    Inquiries into detention of clients in forensic disability service
   138.    Participation and representation at tribunal hearings

           Part 2--Facilitation of application of applied provisions

   139.    Application of applied provisions

           Part 3--Declaration about other Mental Health Act provisions

   140.    Operation of provision other than applied provision or excluded provision

CHAPTER 11--5-YEAR REVIEW OF CLIENT'S BENEFIT FROM CARE AND SUPPORT

   141.    Review by director
   142.    Transfer from forensic disability service to authorised mental health service

CHAPTER 12--MISCELLANEOUS PROVISIONS

           Part 1--Other provisions about administration or use of medication

   143.    Definition for pt 1
   144.    Administration of medication for particular purposes
   145.    Review of client's medication

           Part 2--Compliance with particular provisions

   146.    Compliance with provisions as soon as practicable
   147.    Compliance with provisions to extent reasonably practicable
   148.    Administrator taken to have complied with particular requirements
   149.    Director taken to have complied with particular requirements

           Part 3--Other provisions

   150.    Legal custody of client
   151.    Taking client to appear before court and return to forensic disability service
   152.    Care of client detained temporarily in authorised mental health service
   153.    Official to identify himself or herself before exercising powers
   154.    Ensuring client understands things told or explained to the client
   155.    Use of reasonable force
   156.    Period counted as imprisonment
   157.    Review of Act
   158.    Approved forms
   159.    Regulation-making power

CHAPTER 13--TRANSITIONAL PROVISION

   160.    Initial director
           SCHEDULE 1 -- ASSESSING INTELLECTUAL FUNCTIONING AND ADAPTIVE BEHAVIOUR
           SCHEDULE 2 -- DICTIONARY
           Endnotes