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MENTAL HEALTH ACT 2016 - As at 1 February 2024 - Act 5 of 2016

- As at 1 February 2024 - Act 5 of 2016

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement
  • 3 Main objects of Act
  • 4 Act binds all persons

PART 2 - PRINCIPLES FOR ADMINISTRATION OF ACT

  • 5 Principles for persons with mental illness
  • 6 Principles for victims and others
  • 7 Regard to principles
  • 8 Application to person with intellectual disability

PART 3 - INTERPRETATION

PART 4 - OVERVIEW OF ACT

  • 17 Purpose of pt 4
  • 18 Treatment authorities
  • 19 Persons in custody
  • 20 Psychiatrist reports
  • 21 Mental Health Court
  • 22 Magistrates Courts
  • 23 Treatment and care of patients
  • 24 Mechanical restraint, seclusion, physical restraint and other practices
  • 25 Rights of patients
  • 26 Chief psychiatrist
  • 27 Information notices
  • 28 Mental Health Review Tribunal
  • 29 Appeals

CHAPTER 2 - MAKING OF TREATMENT AUTHORITIES AFTER EXAMINATION AND ASSESSMENT

PART 1 - PRELIMINARY

  • 30 Purpose of ch 2

PART 2 - EXAMINATIONS AND RECOMMENDATIONS FOR ASSESSMENT

Division 1 - Examinations generally

  • 31 Examination

Division 2 - Powers under examination authorities

  • 32 Powers of doctor or authorised mental health practitioner
  • 33 Reasonable help and force to exercise powers
  • 34 Asking police officer for help
  • 35 Action before exercising powers

Division 3 - Detention of particular persons to make recommendation for assessment

  • 36 Powers of doctor or authorised mental health practitioner
  • 37 Reasonable help and force to exercise powers
  • 38 Action before exercising powers

Division 4 - Recommendations for assessment

  • 39 Making recommendation for assessment
  • 40 Notice of making
  • 41 Duration
  • 42 Revocation

PART 3 - ASSESSMENTS

  • 43 Making assessment
  • 44 Where and how person may be assessed
  • 45 Detention for assessment
  • 46 Start of assessment period to be noted
  • 47 Explaining decision not to make treatment authority

PART 4 - TREATMENT AUTHORITIES

  • 48 Application of pt 4
  • 49 Making treatment authority
  • 50 Form of treatment authority
  • 51 Category
  • 52 Limited community treatment
  • 53 Nature and extent of treatment and care
  • 54 When advance health directive not followed
  • 55 Notice of making
  • 56 Review of treatment authority if not made by psychiatrist
  • 57 Decision on review
  • 58 Notice about review
  • 59 Date for first assessment
  • 60 Relationship with forensic order (disability)

CHAPTER 3 - PERSONS IN CUSTODY

PART 1 - PRELIMINARY

  • 61 Purpose of ch 3
  • 62 Definitions for ch 3
  • 63 Meaning of person in custody
  • 64 Meaning of classified patient

PART 2 - TRANSPORT OF PERSONS IN CUSTODY TO AUTHORISED MENTAL HEALTH SERVICES

  • 65 Transport for assessment
  • 66 Transport for treatment and care under treatment authority or particular orders
  • 67 Transport for treatment and care by consent
  • 68 Transfer recommendation
  • 69 Administrator consent
  • 70 Prior approval of chief psychiatrist for transport of minor to high security unit
  • 71 Custodian consent
  • 72 Notice to chief psychiatrist if person in custody not transported within 72 hours
  • 73 Chief psychiatrist consent for transport

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

PART 4 - REQUIREMENTS APPLYING WHEN PERSON IN CUSTODY BECOMES CLASSIFIED PATIENT

Note—
  • 75 Explanation to person in custody who becomes classified patient
  • 76 Notice to chief psychiatrist of person in custody becoming classified patient
  • 77 Notice to tribunal of minor in custody becoming classified patient in high security unit
  • 78 Examination of classified patient under s 201
  • 79 Classified patient (involuntary) may become classified patient (voluntary)
  • 80 Notice to chief psychiatrist if classified patient (voluntary) withdraws consent

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
  • 82 Chief psychiatrist may decide to return classified patient to place of custody
  • 83 Return of classified patient to custody
  • 84 Person stops being classified patient if Mental Health Court makes decision on reference
  • 85 Release of classified patient

CHAPTER 4 - PSYCHIATRIST REPORTS FOR SERIOUS OFFENCES

PART 1 - PRELIMINARY

PART 2 - PSYCHIATRIST REPORT ON REQUEST

  • 88 Application of pt 2
  • 89 Administrator must explain effect of request
  • 90 Request for psychiatrist report
  • 91 Direction to prepare psychiatrist report

PART 3 - PSYCHIATRIST REPORT ON CHIEF PSYCHIATRIST’S OWN INITIATIVE

  • 92 Application of pt 3
  • 93 Direction to prepare psychiatrist report
  • 94 Notice of direction

PART 4 - PREPARATION OF PSYCHIATRIST REPORTS

Note—
  • 95 Authorised psychiatrist must prepare psychiatrist report
  • 96 Information from prosecuting authority
  • 97 Support person
  • 98 Person must participate in examination in good faith—report on request
  • 99 Person must attend examination—report on chief psychiatrist’s initiative
  • 100 Second psychiatrist report

PART 5 - REFERENCES BY CHIEF PSYCHIATRIST

  • 101 Reference by chief psychiatrist to Mental Health Court

PART 6 - MISCELLANEOUS

  • 102 Copies of reports
  • 103 Chapter stops applying to person if prosecution for offence discontinued
  • 104 Application of chapter to person with intellectual disability

CHAPTER 5 - MENTAL HEALTH COURT REFERENCES

Note—

PART 1 - PRELIMINARY

  • 105 Purpose of ch 5
  • 106 Definitions for ch 5
  • 107 Meaning of associated offence
  • 108 Meaning of diminished responsibility
  • 109 Meaning of unsound mind

PART 2 - MAKING OF REFERENCES BY PARTICULAR PERSONS

  • 110 When reference may be made
  • 111 How reference is made

PART 3 - PROCEEDINGS FOR REFERENCES

Note—

Division 1 - Preliminary

  • 112 Application of pt 3

Division 2 - Notice requirements etc.

  • 113 Notice of reference
  • 114 Parties to proceeding
  • 115 Notice of hearing

Division 3 - Particular decisions

  • 116 Decision about unsoundness of mind and diminished responsibility
  • 117 Substantial dispute about whether person committed offence
  • 117A Substantial dispute about fact relied on in expert report
  • 118 Decision about fitness for trial

Division 4 - Procedural provisions

  • 119 Unsound mind—discontinuance of proceeding
  • 120 Diminished responsibility—discontinuance of proceeding
  • 121 Temporary unfitness for trial—stay of proceeding
  • 122 Permanent unfitness for trial—discontinuance of proceeding
  • 123 Fit for trial—continuation of proceeding
  • 124 Related orders if person fit for trial

Division 5 - Withdrawal of particular references

  • 125 Application of div 5
  • 126 Application to withdraw reference
  • 127 Notices if application to withdraw filed
  • 128 Decision on application

PART 4 - FORENSIC ORDERS AND TREATMENT SUPPORT ORDERS

Division 1 - Preliminary

  • 129 Definition for pt 4
  • 130 Explanation about operation of forensic orders and treatment support orders
  • 131 Orders if unsound mind or permanent unfitness for trial
  • 132 Orders if temporary unfitness for trial
  • 133 Matters to which Mental Health Court must have regard

Division 2 - Forensic orders

Subdivision 1 - Making of forensic orders
  • 134 Requirements for making forensic order
  • 135 Conditions
  • 136 Recommendations about intervention programs
  • 137 Non-revocation period
  • Subdivision 2 - Treatment in the community
  • 138 Mental Health Court to decide category
  • 139 Inpatient category
  • 140 Community category
  • Subdivision 3 - Other provisions
  • 141 When category of forensic order (disability) may be described as residential
  • 142 Admission to high security unit—stay of order

Division 3 - Treatment support orders

Subdivision 1 - Making of treatment support orders
  • 143 Requirements for making treatment support order
  • 144 Conditions
  • Subdivision 2 - Treatment in the community
  • 145 Mental Health Court to decide category and community treatment

Division 4 - Responsibility for treatment and care

  • 146 Responsibility for person subject to forensic order (mental health) or treatment support order
  • 147 Responsibility for person subject to forensic order (disability)
  • 148 Certificate of forensic disability service availability

Division 5 - Transport

  • 149 Transport to authorised mental health service
  • 150 Transport to forensic disability service

Division 6 - Other provisions

  • 151 Matters authorised by forensic order (mental health) or treatment support order
  • 152 Matters authorised by forensic orders (disability)
  • 153 Status of forensic order or treatment support order if amended
  • 154 Ending of order made because of temporary unfitness for trial

PART 5 - OTHER PROVISIONS

Division 1 - Notice of decisions and orders

  • 155 Notice of decisions and orders

Division 2 - Admissibility and use of evidence

  • 156 Definition for div 2
  • 157 Admissibility of expert’s report at trial
  • 157A Admissibility of expert’s report in proceeding before Magistrates Court
  • 158 Particular statements not admissible
  • 159 Issue of mental condition may be raised at trial
  • 160 Other use of expert’s report

Division 3 - Victim impact statements

  • 161 Application of div 3
  • 162 Preparation of victim impact statement
  • 163 Production of victim impact statement by prosecuting authority
  • 164 Restrictions on disclosing victim impact statement
  • 165 Use of victim impact statement by Mental Health Court

Division 4 - Persons subject to existing orders or authorities

Subdivision 1 - Making forensic orders
  • 166 Person subject to existing forensic order
  • 166A Person subject to existing treatment support order
  • 167 Person subject to existing treatment authority
  • Subdivision 2 - Making treatment support orders
  • 167A Person subject to existing treatment support order
  • 167B Person subject to existing forensic order
  • 167C Person subject to existing treatment authority

Division 5 - Miscellaneous

  • 168 Relationship with ch 16, pt 1

CHAPTER 6 - POWERS OF COURTS HEARING CRIMINAL PROCEEDINGS AND RELATED PROCESSES

PART 1 - PRELIMINARY

  • 169 Purpose of ch 6
  • 170 Childrens Court

PART 2 - MAGISTRATES COURTS

Division 1 - General

  • 171 Definition for div 1
  • 172 Power to dismiss complaint—unsound mind or unfitness for trial
  • 173 Power to adjourn hearing of complaint—temporary unfitness for trial
  • 174 Power to refer person to appropriate agency or entity

Division 2 - References to Mental Health Court

  • 175 When reference may be made
  • 176 How reference is made

Division 3 - Examination orders

  • 177 Power to make examination order for person charged with simple offence
  • 178 Examination of person
  • 179 Examination report
  • 180 Admissibility of examination report at trial
  • 180A Particular statements not admissible
  • 180B Other use of examination report and particular statements

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
  • 182 Power to order plea of not guilty
  • 183 Power to make reference to Mental Health Court and related orders
  • 184 How reference to Mental Health Court is made
  • 185 Persons who may give agreement for detention
  • 186 Agreement for detention—administrator
  • 187 Agreement for detention—chief psychiatrist
  • 188 Effect of order for detention

Division 2 - Forensic orders (Criminal Code)

  • 189 Application of div 2
  • 190 Registrar of court to give notice of order
  • 191 Power to transport person to authorised mental health service

PART 4 - DETENTION IN AUTHORISED MENTAL HEALTH SERVICE DURING TRIAL

  • 192 Definition for pt 4
  • 193 Power to order person’s detention in authorised mental health service
  • 194 Persons who may give agreement for detention
  • 195 Agreement for detention—administrator
  • 196 Agreement for detention—chief psychiatrist
  • 197 Effect of order for detention

CHAPTER 7 - TREATMENT AND CARE OF PATIENTS

PART 1 - PRELIMINARY

  • 198 Purpose of ch 7
  • 199 Relationship between this Act and custodial status of particular patients

PART 2 - RESPONSIBILITY TO PROVIDE TREATMENT AND CARE

  • 200 Application of pt 2
  • 201 Examination of patient for purpose of providing treatment and care
  • 202 Authorised doctor’s responsibilities for treatment and care
  • 203 Administrator’s responsibilities for treatment and care

PART 3 - PATIENTS SUBJECT TO TREATMENT AUTHORITIES

Division 1 - Preliminary

  • 204 Application of pt 3

Division 2 - Regular assessment

  • 205 Authorised doctor must assess patient

Division 3 - Actions that may be taken after assessment

  • 206 Authorised doctor may revoke treatment authority
  • 207 Authorised psychiatrist may revoke treatment authority if patient missing
  • 208 Chief psychiatrist may revoke treatment authority
  • 209 Amendment of treatment authority to change category, limited community treatment or conditions
  • 210 Amendment of treatment authority to change category to inpatient

PART 4 - PATIENTS SUBJECT TO FORENSIC ORDERS

  • 211 Application of pt 4
  • 212 Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions
  • 213 Amendment of forensic order to change category to inpatient
  • 214 Limited community treatment for patient subject to forensic order (Criminal Code)

PART 5 - PATIENTS SUBJECT TO TREATMENT SUPPORT ORDERS

  • 215 Application of pt 5
  • 216 Amendment of treatment support order to change category, limited community treatment or conditions
  • 217 Amendment of treatment support order to change category to inpatient

PART 6 - CLASSIFIED PATIENTS AND PATIENTS SUBJECT TO JUDICIAL ORDERS

  • 218 Application of pt 6
  • 219 Authorisation of limited community treatment

PART 7 - OBLIGATIONS IN RELATION TO TREATMENT IN THE COMMUNITY

  • 220 Patient’s obligations to be recorded and explained
  • 221 Chief psychiatrist may approve temporary absence

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

Division 2 - Nominated support persons

  • 223 Who is a nominated support person
  • 224 Functions of nominated support person

Division 3 - Records system

  • 225 Chief psychiatrist to maintain records system
  • 226 Request to keep record
  • 227 Requirement to give notice—matters relating to advance health directive or enduring power of attorney
  • 228 Requirement to give notice—revocation of appointment of nominated support person
  • 229 Requirement to give notice—resignation of nominated support person
  • 230 Copy in records system is proof

PART 9 - REPORTING ON MINORS ADMITTED TO PARTICULAR AUTHORISED MENTAL HEALTH SERVICES

  • 231 Obligation to notify public guardian

PART 10 - REGULATED TREATMENT

Division 1 - Preliminary

  • 232 Meaning of regulated treatment

Division 2 - Informed consent

  • 233 Requirements for informed consent
  • 234 Explanation to be given

Division 3 - Electroconvulsive therapy

  • 235 Offence to perform electroconvulsive therapy
  • 236 Performance of electroconvulsive therapy with consent or tribunal approval
  • 237 Performance of electroconvulsive therapy in emergency

Division 4 - Non-ablative neurosurgical procedures

  • 238 Offence to perform non-ablative neurosurgical procedure
  • 239 Performance of non-ablative neurosurgical procedure with consent and tribunal approval

PART 11 - PROHIBITED TREATMENT

  • 240 Particular therapies prohibited
  • 241 Psychosurgery prohibited

CHAPTER 8 - USE OF MECHANICAL RESTRAINT, SECLUSION, PHYSICAL RESTRAINT AND OTHER PRACTICES

PART 1 - PRELIMINARY

PART 2 - MECHANICAL RESTRAINT

Division 1 - Preliminary

  • 244 Meaning of mechanical restraint
  • 245 Offence

Division 2 - Authorised mechanical restraint

  • 246 Requirements for use of mechanical restraint on relevant patients
  • 247 Application for chief psychiatrist’s approval
  • 248 Chief psychiatrist may require amendment of application to include reduction and elimination plan
  • 249 Chief psychiatrist may approve authorisation of use of mechanical restraint
  • 250 Authorisation of use of mechanical restraint by authorised doctor
  • 251 Duties of health practitioner in charge of unit
  • 252 Removal of mechanical restraint before authorisation ends
  • 253 Reuse of mechanical restraint

PART 3 - SECLUSION

Division 1 - Preliminary

  • 254 Meaning of seclusion
  • 255 Offence

Division 2 - Authorised seclusion

  • 256 Requirements for seclusion of relevant patients
  • 257 Chief psychiatrist may give written direction about seclusion
  • 258 Authorisation of seclusion by authorised doctor
  • 259 Extension of period of seclusion
  • 260 Duties of health practitioner in charge of unit
  • 261 Removal from seclusion before authorisation ends
  • 262 Return to seclusion after removal

Division 3 - Emergency seclusion

  • 263 Requirements for emergency seclusion by health practitioner in charge of unit

PART 4 - REDUCTION AND ELIMINATION PLANS

  • 264 What is a reduction and elimination plan
  • 265 Content of plan
  • 266 Application for chief psychiatrist’s approval of plan
  • 267 Chief psychiatrist may approve plan

PART 5 - PHYSICAL RESTRAINT AND CLINICAL NEED FOR MEDICATION

Division 1 - Physical restraint

  • 268 Meaning of physical restraint
  • 269 Offence
  • 270 Requirements for use of physical restraint

Division 2 - Clinical need for medication

  • 271 Meaning of medication
  • 272 Offence

PART 6 - MISCELLANEOUS

  • 273 Chief psychiatrist must make policy
  • 274 Obligation to notify public guardian of treatment of minors

CHAPTER 9 - RIGHTS OF PATIENTS AND OTHERS

PART 1 - PRELIMINARY

PART 2 - STATEMENT OF RIGHTS

  • 277 Preparing statement of rights
  • 278 Giving statement of rights to patients and others
  • 279 Display of signs

PART 3 - RIGHTS OF PATIENTS

  • 280 Definition for pt 3
  • 281 Visits by nominated support persons, family, carers and other support persons
  • 282 Visits by health practitioners
  • 283 Visits by legal or other advisers
  • 284 Communication with others
  • 285 Information about treatment and care
  • 286 Understanding of oral information
  • 287 Written notices to be given to nominated support persons and others
  • 288 Communication about patient with others
  • 289 Disclosure of confidential information under Hospital and Health Boards Act not limited
  • 290 Second opinion about treatment and care

PART 4 - ROLES AND RESPONSIBILITIES OF NOMINATED SUPPORT PERSONS, FAMILY, CARERS AND OTHER SUPPORT PERSONS

  • 291 Roles
  • 292 Responsibilities

PART 5 - INDEPENDENT PATIENT RIGHTS ADVISERS

  • 293 Appointment
  • 294 Functions
  • 295 Independence

CHAPTER 10 - CHIEF PSYCHIATRIST

PART 1 - PRELIMINARY

PART 2 - APPOINTMENT, FUNCTIONS AND POWERS

  • 298 Appointment
  • 299 Resignation
  • 300 Termination of appointment
  • 301 Functions and powers
  • 302 Independence of chief psychiatrist
  • 303 Delegation
  • 304 Power to require administrator to give documents or information

PART 3 - POLICIES, PRACTICE GUIDELINES AND ANNUAL REPORT

  • 305 Making policies or practice guidelines
  • 306 Publication of policies and practice guidelines
  • 307 Annual report

PART 4 - INVESTIGATIONS

  • 308 Chief psychiatrist may investigate
  • 309 Investigation report
  • 310 Recommendations for improvement

PART 5 - SERIOUS RISKS TO PERSONS OR PUBLIC SAFETY

  • 311 Purpose of pt 5
  • 312 Minister may direct chief psychiatrist to review matter
  • 313 Actions chief psychiatrist may take
  • 314 Chief psychiatrist’s order
  • 315 Chief psychiatrist may vary period or end order

PART 6 - INFORMATION NOTICES

Division 1 - Preliminary

Division 2 - Application, amendment and revocation

  • 318 Application
  • 319 Decision on application
  • 320 Right to receive information under notice
  • 321 Amendment of notice to change applicant’s nominee
  • 322 Duration of information notice
  • 323 Revocation of information notice

Division 3 - Miscellaneous

  • 324 Tribunal must give particular information to chief psychiatrist about relevant patient
  • 325 Telling relevant patient about information notice
  • 326 Misuse of information made available under an information notice
  • 327 Application of part to forensic disability client

CHAPTER 11 - AUTHORISED MENTAL HEALTH SERVICES

PART 1 - PRELIMINARY

  • 328 Purpose of ch 11

PART 2 - DECLARATION OF AUTHORISED MENTAL HEALTH SERVICES

  • 329 Declaration of authorised mental health service
  • 330 Declaration of high security unit
  • 331 Declaration of authorised mental health service (rural and remote)

PART 3 - ADMINISTRATORS OF AUTHORISED MENTAL HEALTH SERVICES

  • 332 Appointment
  • 333 Functions
  • 334 Powers
  • 335 Register of authorised doctors and authorised mental health practitioners
  • 336 Record of relevant patients
  • 337 Delegation

PART 4 - AUTHORISED DOCTORS AND AUTHORISED MENTAL HEALTH PRACTITIONERS

Division 1 - Appointment, functions and powers

  • 338 Appointment of authorised doctor
  • 339 When administrator is authorised doctor
  • 340 Appointment of authorised mental health practitioner
  • 341 Appointment of health practitioner to perform particular functions of authorised doctor
  • 342 Appointment conditions and limit on powers
  • 343 When office ends
  • 344 Functions and powers
  • 345 Requirement to give notice of particular decisions

Division 2 - Identity cards

  • 346 Issue of identity card
  • 347 Production or display of identity card
  • 348 Return of identity card

PART 5 - TRANSFER OF PATIENTS

Division 1 - Preliminary

Division 2 - Authorised mental health service transfers

  • 351 Transfer between services by agreement of administrators
  • 352 Transfer between services by requirement of chief psychiatrist

Division 3 - Forensic disability service transfers

  • 353 Transfer between authorised mental health service and forensic disability service

Division 4 - Interstate transfers

  • 354 Transfer of person subject to treatment authority to another State
  • 355 Transfer of person subject to interstate order from another State

Division 5 - General provisions

  • 356 Responsibility for person
  • 357 Power to transport
  • 358 Notice to tribunal

PART 6 - TRANSPORT OF PERSONS

Division 1 - Preliminary

  • 359 Who is an authorised person

Division 2 - Transport of persons within and to and from authorised mental health services and other particular places

  • 360 Transport within authorised mental health service
  • 361 Transport to or from authorised mental health service and other particular places
  • 362 Taking person after treatment and care to person’s requested place

Division 3 - Transport of absent persons

  • 363 Application of div 3
  • 364 Particular persons may require return of absent person
  • 365 Limitation on requirement to return particular absent persons
  • 366 Authorised person may transport absent person
  • 367 Effect on assessment period

Division 4 - Transport of persons to and from interstate mental health services

  • 368 Apprehension, detention and transport of person absent from interstate mental health service
  • 369 Transport of person in Queensland to interstate mental health service
  • 370 Transport of person outside Queensland to authorised mental health service
  • 371 Making of emergency examination authority

Division 5 - Transport powers

  • 372 Application of div 5
  • 373 Power to detain
  • 374 Power to administer medication
  • 375 Power to use mechanical restraint
  • 376 Power to enter particular places

Division 6 - Warrant for apprehension of person to transport person

  • 377 Application for warrant for apprehension of person
  • 378 Issue of warrant
  • 379 Electronic application
  • 380 Additional procedure if electronic application
  • 381 Defect in relation to a warrant
  • 382 Warrants—entry procedure

PART 7 - SECURITY

Division 1 - Preliminary

Division 2 - Postal articles and other things in authorised mental health services

  • 385 Patient may receive and send postal article
  • 386 Administrator may search thing received for patient

Division 3 - Searches of patients of authorised mental health services or public sector health service facilities

  • 387 Application of div 3
  • 388 Power to search on belief of possession of harmful thing

Division 4 - Searches of involuntary patients on admission to or entry into high security units or other approved services

  • 389 Application of div 4
  • 390 Power to search on admission or entry

Division 5 - Searches of visitors to high security units or other approved services

  • 391 Application of div 5
  • 392 Power to search visitor
  • 393 Requirement to explain to visitor
  • 394 Direction to leave
  • 395 Visitor may leave thing with authorised security officer
  • 396 Authorised security officer may ask visitor to leave thing with officer
  • 397 Visitor may ask for search to stop
  • 398 Return of thing to visitor

Division 6 - Requirements for searches

  • 399 Requirements for personal search
  • 400 Requirements for search requiring removal of clothing
  • 401 Requirements for search of possessions

Division 7 - Records of searches

  • 402 Record of search must be made

Division 8 - Seizure

  • 403 Seizure of harmful or other thing
  • 404 Receipt for seized thing
  • 405 Access to seized thing

Division 9 - Identity cards

  • 406 Approval of identity card

Division 10 - Compensation

  • 407 Compensation for damage to possessions

Division 11 - Exclusion of visitors

  • 408 Administrator may refuse to allow person to visit patient

CHAPTER 12 - MENTAL HEALTH REVIEW TRIBUNAL PROCEEDINGS

PART 1 - PRELIMINARY

  • 409 Purpose of ch 12
  • 410 Particular decisions of no effect for classified patient

PART 2 - REVIEW OF TREATMENT AUTHORITIES

Division 1 - Preliminary

Division 2 - When particular reviews are conducted

  • 413 When reviews are conducted
  • 414 When periodic review deferred
  • 415 When tribunal must not conduct review
  • 416 When particular tribunal review is not required

Division 3 - Applications and notices of hearings

  • 417 Application for applicant review to state orders sought
  • 418 Notice of hearing

Division 4 - Decisions and orders

Subdivision 1 - Decisions to be made on review
  • 419 Decisions
  • 420 Administrator to provide report
  • 421 Requirement to revoke treatment authority
  • Subdivision 2 - Confirmation of treatment authority—related orders
  • 422 Application of sdiv 2
  • 423 Change of category to community
  • 424 Community category—deciding whether authorised doctor may reduce treatment in community
  • 425 Inpatient category—limited community treatment
  • 426 Conditions
  • 427 Transfer to another authorised mental health service
  • 428 Change of category to inpatient
  • 429 Other orders

PART 3 - REVIEW OF FORENSIC ORDERS (MENTAL HEALTH) AND FORENSIC ORDERS (DISABILITY)

Division 1 - Preliminary

Division 2 - When particular reviews are conducted

  • 433 When reviews are conducted
  • 434 When periodic review deferred
  • 435 Requirement to conduct periodic review suspended
  • 436 When tribunal must not conduct review
  • 437 When particular tribunal review is not required

Division 3 - Applications and notices of hearings

  • 438 Application for applicant review to state orders sought
  • 439 Notice of hearing

Division 4 - Decisions and orders

Subdivision 1 - Decisions to be made on review
  • 440 Application of div 4
  • 441 Decisions
  • 442 Requirement to confirm forensic order
  • Subdivision 2 - Confirmation of forensic order—related orders
  • 443 Application of sdiv 2
  • 444 Change or confirmation of category
  • 445 Inpatient category—orders about treatment in community
  • 446 Community category—orders about treatment in community
  • 447 Conditions
  • 448 Other orders
  • Subdivision 3 - Revocation of forensic order (mental health)—related orders
  • 449 Application of sdiv 3
  • 450 Making of treatment support order
  • 451 Making of treatment authority or no further order

Division 5 - Restrictions on revoking or amending forensic orders

  • 452 Orders with non-revocation period
  • 453 Order for person temporarily unfit for trial
  • 454 Order for person charged with prescribed offence
  • 455 Tribunal’s order takes effect after suspension or change of category ends

Division 6 - Other provisions

  • 456 Transfer of responsibility for forensic patient
  • 457 Person with dual disability

PART 4 - REVIEW OF FORENSIC ORDERS (CRIMINAL CODE)

  • 458 Application of pt 4
  • 459 Tribunal to conduct hearing
  • 460 Notice of hearing
  • 461 Making of forensic order
  • 462 Application of ch 5 provisions

PART 5 - REVIEW OF TREATMENT SUPPORT ORDERS

Division 1 - Preliminary

Division 2 - When particular reviews are conducted

  • 465 When reviews are conducted
  • 466 When periodic review deferred
  • 467 Requirement to conduct periodic review suspended
  • 468 When tribunal must not conduct review
  • 469 When particular tribunal review is not required

Division 3 - Applications and notices of hearings

  • 470 Application for applicant review to state orders sought
  • 471 Notice of hearing

Division 4 - Decisions and orders

Subdivision 1 - Decisions to be made on review
  • 472 Decisions
  • 473 Requirement to confirm treatment support order
  • Subdivision 2 - Confirmation of treatment support order—related orders
  • 474 Application of sdiv 2
  • 475 Change of category to community
  • 476 Community category—deciding whether authorised doctor may reduce treatment in community
  • 477 Inpatient category—limited community treatment
  • 478 Conditions
  • 479 Transfer to another authorised mental health service
  • 480 Change of category to inpatient
  • 481 Other orders
  • Subdivision 3 - Revocation of treatment support order—related orders
  • 482 Application of sdiv 3
  • 483 Making of treatment authority or no further order

PART 6 - REVIEW OF FITNESS FOR TRIAL

Division 1 - Review

  • 484 Application of div 1
  • 485 Meaning of finding of unfitness
  • 486 When reviews are conducted
  • 487 Notice of hearing
  • 488 Decisions on review

Division 2 - Procedures following review if person unfit for trial

  • 489 Application of div 2
  • 490 Director of public prosecutions to decide whether proceeding to be discontinued
  • 491 Proceeding discontinued at end of prescribed period
  • 492 Effect of discontinuing proceeding
  • 493 Proceeding may be discontinued at other time

Division 3 - Procedures following review if person fit for trial

  • 494 Application of div 3
  • 495 Definitions for div 3
  • 496 Director of public prosecutions to give notice of fitness for trial
  • 497 Listing proceeding for mention
  • 497A Prosecuting authority to give chief psychiatrist notice of ending of order
  • 497B Disclosure of particular information on ending of order

PART 7 - REVIEW OF DETENTION OF MINORS IN HIGH SECURITY UNITS

  • 498 Application of pt 7
  • 499 When reviews are conducted
  • 500 Notice of hearing
  • 501 Decision on review

PART 8 - APPLICATIONS FOR EXAMINATION AUTHORITIES

  • 502 Application for examination authority
  • 503 Notice of hearing
  • 504 Decision on application
  • 505 Duration of examination authority
  • 506 Copy of examination authority to be given to administrator of authorised mental health service

PART 9 - APPLICATIONS FOR APPROVAL OF REGULATED TREATMENT

Division 1 - Electroconvulsive therapy

  • 507 Who may apply
  • 508 Notice of hearing
  • 509 Decision on application

Division 2 - Non-ablative neurosurgical procedures

  • 510 Who may apply
  • 511 Notice of hearing
  • 512 Decision on application

PART 10 - APPLICATIONS FOR APPROVAL TO TRANSFER PARTICULAR PERSONS INTO AND OUT OF QUEENSLAND

Division 1 - Transfers into Queensland

  • 513 Definitions for div 1
  • 514 Who may apply
  • 515 Requirements for application
  • 516 Notice of hearing
  • 517 Decision on application
  • 518 Making of forensic order
  • 519 When interstate transfer approval takes effect
  • 520 Transport of patient seeking transfer under interstate transfer approval

Division 2 - Transfers out of Queensland

  • 521 Definitions for division
  • 522 Who may apply
  • 523 Requirements for application
  • 524 Notice of hearing
  • 525 Decision on application
  • 526 When interstate transfer approval or international transfer approval takes effect
  • 527 Transport of patient seeking transfer under interstate transfer approval
  • 527A Transport of patient seeking transfer under international transfer approval
  • 528 Effect on order

PART 11 - MISCELLANEOUS

  • 529 Relationship with ch 16, pt 2
  • 530 Use of victim impact statement by tribunal

CHAPTER 13 - APPEALS

PART 1 - PRELIMINARY

  • 531 Purpose of ch 13

PART 2 - APPEALS TO TRIBUNAL

  • 532 Definitions for pt 2
  • 533 Appeal to tribunal
  • 534 How to start appeal
  • 534A Frivolous or vexatious appeal
  • 535 Notice of appeal and hearing
  • 536 Stay of decision pending appeal
  • 537 Appeal powers

PART 3 - APPEALS TO MENTAL HEALTH COURT

Division 1 - Preliminary

Division 2 - Making and hearing appeals

  • 539 Who may appeal
  • 540 Parties to appeal
  • 541 How to start appeal
  • 542 Frivolous or vexatious appeal
  • 543 Notice of appeal and hearing
  • 544 Stay of decision pending appeal
  • 545 Notice of stay of decision on review of person’s fitness for trial
  • 546 Appeal powers
  • 547 Mental Health Court may make forensic order or treatment support order
  • 548 Mental Health Court’s decision final

PART 4 - APPEALS TO COURT OF APPEAL

  • 549 Who may appeal
  • 550 How to start appeal
  • 551 Appeal powers
  • 552 Notice of decision

CHAPTER 14 - MONITORING AND ENFORCEMENT

PART 1 - PRELIMINARY

PART 2 - GENERAL PROVISIONS ABOUT INSPECTORS

Division 1 - Appointment

  • 555 Appointment and qualifications
  • 556 Functions of inspectors
  • 557 Appointment conditions and limit on powers
  • 558 When office ends
  • 559 Resignation

Division 2 - Identity cards

  • 560 Issue of identity card
  • 561 Production or display of identity card
  • 562 Return of identity card

Division 3 - Miscellaneous provisions

  • 563 References to exercise of powers
  • 564 Reference to document includes reference to reproductions from electronic document

PART 3 - ENTRY OF PLACES BY INSPECTORS

Division 1 - Power to enter

  • 565 General power to enter places

Division 2 - Entry by consent

  • 566 Application of div 2
  • 567 Incidental entry to ask for access
  • 568 Matters inspector must tell occupier
  • 569 Consent acknowledgement

Division 3 - Entry under warrant

Subdivision 1 - Obtaining warrant
  • 570 Application for warrant
  • 571 Issue of warrant
  • 572 Electronic application
  • 573 Additional procedure if electronic application
  • 574 Defect in relation to a warrant
  • Subdivision 2 - Entry procedure
  • 575 Entry procedure

PART 4 - GENERAL POWERS OF INSPECTORS AFTER ENTERING PLACES

  • 576 Application of pt 4
  • 577 General powers
  • 578 Power to require reasonable help
  • 579 Offence to contravene help requirement

PART 5 - SEIZURE BY INSPECTORS AND FORFEITURE

Division 1 - Power to seize

  • 580 Seizing evidence at a place that may be entered without consent or warrant
  • 581 Seizing evidence at a place that may be entered only with consent or warrant
  • 582 Seizure of property subject to security

Division 2 - Powers to support seizure

  • 583 Power to secure seized thing
  • 584 Offence to contravene other seizure requirement
  • 585 Offence to interfere

Division 3 - Safeguards for seized things

  • 586 Receipt and information notice for seized thing
  • 587 Access to seized thing
  • 588 Return of seized thing

Division 4 - Forfeiture

  • 589 Forfeiture by chief psychiatrist decision
  • 590 Information notice about forfeiture decision
  • 591 Forfeiture on conviction
  • 592 Procedure and powers for making forfeiture order

Division 5 - Dealing with property forfeited or transferred to State

  • 593 When thing becomes property of the State
  • 594 How property may be dealt with

PART 6 - OTHER INFORMATION-OBTAINING POWERS OF INSPECTORS

  • 595 Power to require name and address
  • 596 Offence to contravene personal details requirement
  • 597 Power to require information
  • 598 Offence to contravene information requirement

PART 7 - MISCELLANEOUS PROVISIONS RELATING TO INSPECTORS

Division 1 - Damage

  • 599 Duty to avoid inconvenience and minimise damage
  • 600 Notice of damage

Division 2 - Compensation

PART 8 - REVIEWS AND APPEALS ABOUT SEIZURE AND FORFEITURE

  • 603 Definitions for pt 8
  • 604 Right of appeal
  • 605 Appeal process starts with internal review
  • 606 How to apply for internal review
  • 607 Stay of operation of decision
  • 608 Internal review decision
  • 609 Who may appeal
  • 610 Procedure for an appeal to the court
  • 611 Stay of operation of internal review decision
  • 612 Powers of court on appeal
  • 613 Effect of decision of court on appeal

CHAPTER 15 - SUSPENSION OF CRIMINAL PROCEEDINGS, OFFENCES AND OTHER LEGAL MATTERS

PART 1 - PRELIMINARY

  • 614 Purpose of ch 15

PART 2 - SUSPENSION OF CRIMINAL PROCEEDINGS

  • 615 Purpose of pt 2
  • 616 Suspension of proceedings
  • 617 Giving notice of particular suspensions
  • 618 Ending of suspension
  • 619 Giving notice of ending of suspension
  • 620 Effect on powers relating to bail, discontinuance of proceedings and other matters

PART 3 - OFFENCES RELATING TO PATIENTS

  • 621 Offence relating to ill-treatment
  • 622 Offences relating to patients absconding
  • 623 Offences relating to patients unlawfully absent

PART 4 - OFFENCES RELATING TO OFFICIALS

  • 624 Definition for pt 4
  • 625 Obstructing official
  • 626 Impersonating official
  • 627 Giving official false or misleading information

PART 5 - DETENTION AND USE OF REASONABLE FORCE

  • 628 Classified patient (voluntary) may be detained
  • 629 Detention of person in authorised mental health service with use of reasonable force
  • 630 Detention of person in public sector health service facility with use of reasonable force
  • 631 Examination or assessment of involuntary patient without consent and with use of reasonable force
  • 632 Treatment and care of patient without consent and with use of reasonable force
  • 633 Relationship with use of physical restraint

PART 6 - EVIDENCE AND LEGAL PROCEEDINGS

  • 634 Evidentiary aids
  • 635 Proceedings for offences

CHAPTER 16 - ESTABLISHMENT AND ADMINISTRATION OF COURT AND TRIBUNAL

PART 1 - MENTAL HEALTH COURT

Division 1 - Preliminary

  • 636 Purpose of pt 1

Division 2 - Continuation, constitution, jurisdiction and powers

Division 3 - Membership

  • 641 Appointment of members
  • 642 Appointment does not affect judge’s tenure of office
  • 643 Resignation of office
  • 644 When member’s office ends

Division 4 - President

  • 645 Appointment of president
  • 646 Arrangement of business
  • 647 President holds office while member of court
  • 648 Delegation of particular powers
  • 649 Resignation of office
  • 650 Appointment of acting president

Division 5 - Assisting clinicians

  • 651 Functions
  • 652 Appointment
  • 653 Conditions of appointment
  • 654 Resignation
  • 655 Termination of appointment

Division 6 - Mental Health Court Registry and registrar

  • 656 Mental Health Court Registry
  • 657 Registry’s functions
  • 658 Registrar’s functions
  • 659 Registrar’s powers—general
  • 660 Registrar’s power to issue subpoena
  • 661 Registrar’s power to require administrator to produce document
  • 662 Registrar’s power to require person to be brought before Mental Health Court
  • 663 Registrar’s power to require prosecuting authority to give particular documents
  • 664 Delegation by registrar

Division 7 - Protection and immunities

  • 665 Contempt of court
  • 666 Conduct that is contempt and offence
  • 667 Protection and immunity for member of Mental Health Court and assisting clinician

Division 8 - Court examination orders

  • 668 Making of court examination order
  • 669 Recommendation or request for court examination order on reference
  • 670 Transport, detention and examination of person under court examination order
  • 671 What happens at end of examination

Division 9 - Reviews of detention in authorised mental health service or forensic disability service

  • 672 Definitions for div 9
  • 673 Power to review detention
  • 674 Notice of hearing
  • 675 Parties to proceeding
  • 676 Consideration of application
  • 677 Appointment of person to inquire into detention
  • 678 Administrator to ensure help given to appointed person
  • 679 General powers of appointed person
  • 680 Appointed person’s power to ask questions
  • 681 Mental Health Court may direct person’s discharge
  • 682 Other remedies not affected

Division 10 - Procedural provisions

  • 683 General right of appearance and representation
  • 684 Evidence
  • 685 Proof of matters
  • 686 Directions
  • 687 Assisting clinician’s advice before or during adjournment of hearing
  • 688 Assisting clinician’s advice during hearing
  • 689 Particular advice of assisting clinician to be stated in reasons for decision
  • 690 When court may conduct hearing in absence of person
  • 691 Appointing assistant
  • 692 Court may sit and adjourn hearing
  • 693 Hearing of reference generally open to public
  • 694 Particular hearings not generally open to public
  • 695 Hearing about minor not open to public
  • 696 Confidentiality order
  • 697 Costs
  • 698 Death or incapacity of member after hearing started

Division 11 - Rules and practice

  • 699 Rule-making power
  • 700 Directions about practice

Division 12 - Miscellaneous

  • 701 Annual report

PART 2 - MENTAL HEALTH REVIEW TRIBUNAL

Division 1 - Preliminary

Division 2 - Continuation, jurisdiction and powers

  • 704 Continuation of Mental Health Review Tribunal
  • 705 Jurisdiction and independence
  • 706 Powers

Division 3 - Members and staff of tribunal

  • 707 Appointment of members
  • 708 Duration of appointment
  • 709 Terms of appointment
  • 710 Resignation
  • 711 Termination of appointment
  • 712 Deputy president to act as president
  • 713 Executive officer and other staff
  • 714 President’s functions generally
  • 715 President’s powers

Division 4 - Constitution of tribunal for hearings

  • 716 Particular proceedings
  • 717 Application for examination authority
  • 718 Application for approval to perform non-ablative neurosurgical procedure
  • 719 Matters president to consider in constituting tribunal
  • 720 Presiding member

Division 5 - Examinations, confidentiality orders and reports

  • 721 Tribunal may order examination
  • 722 Confidentiality order
  • 723 Reports for particular review proceedings

Division 6 - Procedural provisions for ch 12 proceedings

Subdivision 1 - Applications
  • 724 Application of sdiv 1
  • 725 Approved form
  • 726 Frivolous or vexatious application
  • 727 Hearing of application
  • Subdivision 2 - Adjournment of hearing of particular periodic reviews
  • 728 Application of sdiv 2
  • 729 Definitions for sdiv 2
  • 730 Adjournment of hearing
  • 731 Hearing of scheduled review to be conducted on relevant person’s return

Division 7 - General procedural provisions

Subdivision 1 - Preliminary
  • 732 Application of div 7
  • 733 Conducting proceedings generally
  • 734 Presentation of party’s case and inspection of documents
  • Subdivision 2 - Pre-hearing matters
  • 735 Matters to be stated in notice of hearing
  • 736 Right to appear
  • 737 Attorney-General to give notice of intention to appear
  • 738 Disclosure of documents to be relied on in hearing
  • Subdivision 3 - Hearings
  • 739 Right of representation and support
  • 740 Appointment of representative
  • 741 Hearing not open to public
  • 742 Victim impact statement
  • 743 Restrictions on disclosing victim impact statement
  • 744 Requiring witness to attend or produce document or thing
  • 745 Tribunal to allow party to call or give evidence
  • 746 Proceeding by remote conferencing or on the papers
  • 747 Proceeding in absence of involuntary patient
  • 748 Conducting hearings of proceedings at same time
  • 749 Adjourning hearing of proceeding
  • 750 Appointing assistant
  • 751 Dealing with documents or other things
  • 752 Way questions decided
  • 753 Referring question of law to Mental Health Court
  • 754 Costs
  • Subdivision 4 - Decisions of tribunal
  • 755 Notice of decision
  • 756 Written reasons for decision
  • 757 Requirement to give effect to tribunal decision
  • 758 Publishing decision and reasons
  • Subdivision 5 - Revocation of particular forensic orders and treatment support orders
  • 759 Order for missing person

Division 8 - Offences and contempt

  • 760 Offences by witnesses
  • 761 False or misleading information or document
  • 762 Fabricating evidence
  • 763 Contempt of tribunal
  • 764 Punishment of contempt
  • 765 Conduct that is contempt and offence

Division 9 - Protection and immunities

  • 766 Protection and immunity for members
  • 767 Protection and immunity for other persons

Division 10 - Rules and practice

  • 768 Rule-making power
  • 769 Directions about practice

Division 11 - Miscellaneous

  • 770 Authentication of documents
  • 771 Judicial notice of particular signatures
  • 772 Delegation
  • 773 Register
  • 774 Annual report

CHAPTER 17 - CONFIDENTIALITY

PART 1 - PRELIMINARY

PART 2 - DUTY OF CONFIDENTIALITY

  • 778 Offence to use or disclose personal information
  • 779. (Repealed)

PART 3 - PERMITTED USE AND DISCLOSURE

  • 780 Disclosure to identify person with mental health defence
  • 781 Disclosure to identify and offer support to victims
  • 782 Disclosure for report by private psychiatrist
  • 783 Disclosure of particular information relating to classified patient
  • 784 Disclosure of particular information relating to person in contact with forensic disability service
  • 785 Disclosure to lawyer
  • 785A Disclosure to inspector of detention services
  • 786 Disclosure of photograph of patient required to return
  • 787 Disclosure of information for research purposes

PART 4 - OFFENCES RELATING TO PUBLICATION OF JUDICIAL PROCEEDINGS

  • 788 Definition for pt 4
  • 789 Publication of reports and decisions on references—Mental Health Court and Court of Appeal
  • 790 Publication of report of other proceedings
  • 791 Publication of information disclosing identity of party to proceeding
  • 792 Publication of date of hearing permitted
  • 793 Publication of information disclosed at hearing permitted

PART 5 - AVAILABILITY OF COPIES OF TRIBUNAL RECORDS AND TRANSCRIPTS

  • 793A Restrictions on availability of copies of records and transcriptions of proceedings

CHAPTER 18 - GENERAL PROVISIONS

  • 794 Detention of involuntary patient must be in inpatient unit
  • 795 Use of audiovisual link for examination or assessment
  • 796 Disclosure by QCAT of information about personal guardian or administrator
  • 797 Protection of official from liability
  • 797A Particular periods counted as imprisonment or detention
  • 798 Approved forms
  • 799 Electronic format for notices and other information
  • 800 Regulation-making power

CHAPTER 18A - VALIDATION OF APPOINTMENT TO TRIBUNAL AND RELATED PROVISIONS

PART 1 - PRELIMINARY

PART 2 - VALIDATION

  • 800B Validation provision for purported appointment of ineligible person

PART 3 - REFERRAL OF PARTICULAR DECISIONS TO SPECIAL TRIBUNAL

  • 800C Special tribunal
  • 800D Request to refer relevant decision to the special tribunal
  • 800E When chief executive may refer relevant decision
  • 800F Decision by special tribunal on referral

PART 4 - DECISIONS BY TRIBUNAL

  • 800G Decision by tribunal on referral

CHAPTER 18B - (Expired)

CHAPTER 19 - REPEAL

CHAPTER 20 - TRANSITIONAL PROVISIONS FOR ACT NO. 5 OF 2016

PART 1 - PRELIMINARY

  • 802 Definitions for ch 20
  • 803 Application of new Act in relation to proceedings for alleged offences
  • 804 Detention under repealed Act

PART 2 - PROVISIONS ABOUT ASSESSMENT AND DETENTION UNDER CHAPTERS 2 AND 3 OF REPEALED ACT

  • 805 Assessment documents
  • 806 Persons subject to assessment documents
  • 807 Justices examination order
  • 808 Emergency examination order
  • 809 Detention for assessment
  • 810 Agreement for assessment
  • 811 Custodian’s assessment authority
  • 812 Taking person to authorised mental health service
  • 813 Classified patients
  • 814 Report of authorised doctor
  • 815 Involuntary treatment orders

PART 3 - PROVISIONS ABOUT ASSESSMENT OR DETENTION OF PERSONS BEFORE A COURT OR IN CUSTODY UNDER CHAPTER 3 OF REPEALED ACT

  • 816 Court assessment order

PART 4 - PROVISIONS ABOUT TREATMENT AND CARE OF PATIENTS UNDER CHAPTER 4 OF REPEALED ACT

  • 817 Treatment plans
  • 818 Limited community treatment
  • 819 Monitoring conditions

PART 5 - PROVISIONS ABOUT ELECTROCONVULSIVE THERAPY UNDER CHAPTER 4 OF REPEALED ACT

  • 820 Consent to electroconvulsive therapy
  • 821 Emergency electroconvulsive therapy

PART 6 - PROVISIONS ABOUT MOVEMENT, TRANSFER AND TEMPORARY ABSENCE OF PATIENTS UNDER CHAPTER 5 OF REPEALED ACT

  • 822 Move of patients interstate
  • 823 Temporary absences

PART 7 - PROVISIONS ABOUT TRIBUNAL REVIEWS UNDER CHAPTER 6 OF REPEALED ACT

Division 1 - Orders and decisions made before commencement

  • 824 Particular orders and decisions not given effect before commencement
  • 825 Particular decisions unaffected by new Act

Division 2 - Reviews and applications not completed before commencement

  • 826 Existing applications to tribunal
  • 827 Existing reviews started other than by an application
  • 828 Effect of tribunal’s decision on existing review

Division 3 - Other provisions

  • 829 When first periodic review under new Act must be conducted
  • 830 Discontinuing proceeding for offence following review of fitness for trial
  • 831 Non-contact order ends

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

  • 832 Making of reference under repealed Act by director or director of public prosecutions

Division 2 - References

  • 833 Application of div 2
  • 834 Hearing of reference continues under repealed Act
  • 835 Appeal against Mental Health Court’s decision

Division 3 - Forensic orders (Mental Health Court) and forensic orders (Mental Health Court—Disability)

  • 836 Forensic order (Mental Health Court)
  • 837 Forensic order (Mental Health Court—Disability)
  • 838 Limited community treatment for forensic patient
  • 839 Review of forensic order under new Act

Division 4 - Other provisions

  • 840 Order approving interstate transfer under s 288B of repealed Act
  • 841 Forensic order (Criminal Code)
  • 842 Custody order
  • 843 Forensic order (Minister)
  • 844 Forensic disability client temporarily detained in authorised mental health service

PART 9 - PROVISIONS ABOUT INFORMATION ORDERS UNDER CHAPTER 7A OF REPEALED ACT

  • 845 Forensic information orders
  • 846 Classified patient information orders

PART 10 - PROVISIONS ABOUT SECURITY OF AUTHORISED MENTAL HEALTH SERVICES UNDER CHAPTER 10 OF REPEALED ACT

  • 847 Exclusion of visitors

PART 11 - PROVISIONS ABOUT MENTAL HEALTH COURT UNDER CHAPTER 11 OF REPEALED ACT

  • 848 Mental Health Court registry
  • 849 Court examination order
  • 850 Inquiry into detention of patient in authorised mental health service

PART 12 - MISCELLANEOUS

  • 851 Mental Health Court, tribunal or another court may make orders about transition from repealed Act to new Act
  • 852 Notices generally
  • 853 Records made under repealed Act
  • 854 Material submitted by victim or concerned person
  • 855 Subpoenas
  • 856 Authorised mental health services and high security units
  • 857 Office holders
  • 858 Suspended proceedings
  • 859 Reviews relating to serious risks
  • 860 Appeals
  • 861 Annual reports
  • 862 References to orders and authorities under repealed Act
  • 863 Application of new Act, s 420

CHAPTER 20A - (Expired)

CHAPTER 21 - OTHER TRANSITIONAL AND VALIDATION PROVISIONS

PART 1 - TRANSITIONAL PROVISION FOR HOSPITAL FOUNDATIONS ACT 2018

  • 864 Application of s 797A to particular periods

PART 2 - TRANSITIONAL PROVISIONS FOR HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2022

PART 3 - APPOINTMENTS AND VALIDATION

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