Chapter 1 — Preliminary
Part 1 — Introduction
s 1 Short title s 2 Commencement s 3 Main objects of Act s 4 Act binds all persons Part 2 — Principles for administration of Act
s 5 Principles for persons with mental illness s 6 Principles for victims and others s 7 Regard to principles s 8 Application to person with intellectual disability Part 3 — Interpretation
s 9 Definitions s 10 Meaning of mental illness s 11 Meaning of involuntary patient s 12 Meaning of treatment criteria s 13 Meaning of less restrictive way s 14 Meaning of capacity to consent to be treated s 14A Territory of Norfolk Island taken to be a State s 15 Responsibility for involuntary patient or forensic disability client s 16 Purpose of limited community treatment Part 4 — Overview of Act
s 17 Purpose of pt 4 s 18 Treatment authorities s 19 Persons in custody s 20 Psychiatrist reports s 21 Mental Health Court s 22 Magistrates Courts s 23 Treatment and care of patients s 24 Mechanical restraint, seclusion, physical restraint and other practices s 25 Rights of patients s 26 Chief psychiatrist s 27 Information notices s 28 Mental Health Review Tribunal s 29 Appeals Chapter 2 — Making of treatment authorities after examination and assessment
Part 1 — Preliminary
s 30 Purpose of ch 2 Part 2 — Examinations and recommendations for assessment
Division 1 — Examinations generally
s 31 Examination Division 2 — Powers under examination authorities
s 32 Powers of doctor or authorised mental health practitioner s 33 Reasonable help and force to exercise powers s 34 Asking police officer for help s 35 Action before exercising powers Division 3 — Detention of particular persons to make recommendation for assessment
s 36 Powers of doctor or authorised mental health practitioner s 37 Reasonable help and force to exercise powers s 38 Action before exercising powers Division 4 — Recommendations for assessment
s 39 Making recommendation for assessment s 40 Notice of making s 41 Duration s 42 Revocation Part 3 — Assessments
s 43 Making assessment s 44 Where and how person may be assessed s 45 Detention for assessment s 46 Start of assessment period to be noted s 47 Explaining decision not to make treatment authority Part 4 — Treatment authorities
s 48 Application of pt 4 s 49 Making treatment authority s 50 Form of treatment authority s 51 Category s 52 Limited community treatment s 53 Nature and extent of treatment and care s 54 When advance health directive not followed s 55 Notice of making s 56 Review of treatment authority if not made by psychiatrist s 57 Decision on review s 58 Notice about review s 59 Date for first assessment s 60 Relationship with forensic order (disability) Chapter 3 — Persons in custody
Part 1 — Preliminary
s 61 Purpose of ch 3 s 62 Definitions for ch 3 s 63 Meaning of person in custody s 64 Meaning of classified patient Part 2 — Transport of persons in custody to authorised mental health services
s 65 Transport for assessment s 66 Transport for treatment and care under treatment authority or particular orders s 67 Transport for treatment and care by consent s 68 Transfer recommendation s 69 Administrator consent s 70 Prior approval of chief psychiatrist for transport of minor to high security unit s 71 Custodian consent s 72 Notice to chief psychiatrist if person in custody not transported within 72 hours s 73 Chief psychiatrist consent for transport Part 3 — Persons in custody remaining in authorised mental health services
s 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
s 75 Explanation to person in custody who becomes classified patient s 76 Notice to chief psychiatrist of person in custody becoming classified patient s 77 Notice to tribunal of minor in custody becoming classified patient in high security unit s 78 Examination of classified patient under s 201 s 79 Classified patient (involuntary) may become classified patient (voluntary) s 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
s 81 Notice to chief psychiatrist of notice event s 82 Chief psychiatrist may decide to return classified patient to place of custody s 83 Return of classified patient to custody s 84 Person stops being classified patient if Mental Health Court makes decision on reference s 85 Release of classified patient Chapter 4 — Psychiatrist reports for serious offences
Part 1 — Preliminary
s 86 Purpose of ch 4 s 87 Definitions for ch 4 Part 2 — Psychiatrist report on request
s 88 Application of pt 2 s 89 Administrator must explain effect of request s 90 Request for psychiatrist report s 91 Direction to prepare psychiatrist report Part 3 — Psychiatrist report on chief psychiatrist’s own initiative
s 92 Application of pt 3 s 93 Direction to prepare psychiatrist report s 94 Notice of direction Part 4 — Preparation of psychiatrist reports
s 95 Authorised psychiatrist must prepare psychiatrist report s 96 Information from prosecuting authority s 97 Support person s 98 Person must participate in examination in good faith—report on request s 99 Person must attend examination—report on chief psychiatrist’s initiative s 100 Second psychiatrist report Part 5 — References by chief psychiatrist
s 101 Reference by chief psychiatrist to Mental Health Court Part 6 — Miscellaneous
s 102 Copies of reports s 103 Chapter stops applying to person if prosecution for offence discontinued s 104 Application of chapter to person with intellectual disability Chapter 5 — Mental Health Court references
Part 1 — Preliminary
s 105 Purpose of ch 5 s 106 Definitions for ch 5 s 107 Meaning of associated offence s 108 Meaning of diminished responsibility s 109 Meaning of unsound mind Part 2 — Making of references by particular persons
s 110 When reference may be made s 111 How reference is made Part 3 — Proceedings for references
Division 1 — Preliminary
s 112 Application of pt 3 Division 2 — Notice requirements etc.
s 113 Notice of reference s 114 Parties to proceeding s 115 Notice of hearing Division 3 — Particular decisions
s 116 Decision about unsoundness of mind and diminished responsibility s 117 Substantial dispute about whether person committed offence s 117A Substantial dispute about fact relied on in expert report s 118 Decision about fitness for trial Division 4 — Procedural provisions
s 119 Unsound mind—discontinuance of proceeding s 120 Diminished responsibility—discontinuance of proceeding s 121 Temporary unfitness for trial—stay of proceeding s 122 Permanent unfitness for trial—discontinuance of proceeding s 123 Fit for trial—continuation of proceeding s 124 Related orders if person fit for trial Division 5 — Withdrawal of particular references
s 125 Application of div 5 s 126 Application to withdraw reference s 127 Notices if application to withdraw filed s 128 Decision on application Part 4 — Forensic orders and treatment support orders
Division 1 — Preliminary
s 129 Definition for pt 4 s 130 Explanation about operation of forensic orders and treatment support orders s 131 Orders if unsound mind or permanent unfitness for trial s 132 Orders if temporary unfitness for trial s 133 Matters to which Mental Health Court must have regard Subdivision 1 — Making of forensic orders
s 134 Requirements for making forensic order s 135 Conditions s 136 Recommendations about intervention programs s 137 Non-revocation period Subdivision 2 — Treatment in the community
s 138 Mental Health Court to decide category s 139 Inpatient category s 140 Community category Subdivision 3 — Other provisions
s 141 When category of forensic order (disability) may be described as residential s 142 Admission to high security unit—stay of order Subdivision 1 — Making of treatment support orders
s 143 Requirements for making treatment support order s 144 Conditions Subdivision 2 — Treatment in the community
s 145 Mental Health Court to decide category and community treatment Division 4 — Responsibility for treatment and care
s 146 Responsibility for person subject to forensic order (mental health) or treatment support order s 147 Responsibility for person subject to forensic order (disability) s 148 Certificate of forensic disability service availability Division 5 — Transport
s 149 Transport to authorised mental health service s 150 Transport to forensic disability service Division 6 — Other provisions
s 151 Matters authorised by forensic order (mental health) or treatment support order s 152 Matters authorised by forensic orders (disability) s 153 Status of forensic order or treatment support order if amended s 154 Ending of order made because of temporary unfitness for trial Part 5 — Other provisions
Division 1 — Notice of decisions and orders
s 155 Notice of decisions and orders Division 2 — Admissibility and use of evidence and transcript
s 156 Definition for div 2 s 157 Admissibility of expert’s report and transcript at trial s 157A Admissibility of expert’s report and transcript in proceeding before Magistrates Court s 158 Particular statements not admissible s 159 Issue of mental condition may be raised at trial s 160 Other use of expert’s report Division 3 — Victim impact statements
s 161 Application of div 3 s 162 Preparation of victim impact statement s 163 Production of victim impact statement by prosecuting authority s 164 Restrictions on disclosing victim impact statement s 165 Use of victim impact statement by Mental Health Court Division 4 — Persons subject to existing orders or authorities
Subdivision 1 — Making forensic orders
s 166 Person subject to existing forensic order s 166A Person subject to existing treatment support order s 167 Person subject to existing treatment authority Subdivision 2 — Making treatment support orders
s 167A Person subject to existing treatment support order s 167B Person subject to existing forensic order s 167C Person subject to existing treatment authority Division 5 — Miscellaneous
s 168 Relationship with ch 16, pt 1 Chapter 6 — Powers of courts hearing criminal proceedings and related processes
Part 1 — Preliminary
s 169 Purpose of ch 6 s 170 Childrens Court Part 2 — Magistrates Courts
Division 1 — General
s 171 Definition for div 1 s 172 Power to dismiss complaint—unsound mind or unfitness for trial s 173 Power to adjourn hearing of complaint—temporary unfitness for trial s 174 Power to refer person to appropriate agency or entity Division 2 — References to Mental Health Court
s 175 When reference may be made s 176 How reference is made Division 3 — Examination orders
s 177 Power to make examination order for person charged with simple offence s 178 Examination of person s 179 Examination report s 180 Admissibility of examination report at trial s 180A Particular statements not admissible s 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
s 181 Application of div 1 s 182 Power to order plea of not guilty s 183 Power to make reference to Mental Health Court and related orders s 184 How reference to Mental Health Court is made s 185 Persons who may give agreement for detention s 186 Agreement for detention—administrator s 187 Agreement for detention—chief psychiatrist s 188 Effect of order for detention Division 2 — Forensic orders (Criminal Code)
s 189 Application of div 2 s 190 Registrar of court to give notice of order s 191 Power to transport person to authorised mental health service Part 4 — Detention in authorised mental health service during trial
s 192 Definition for pt 4 s 193 Power to order person’s detention in authorised mental health service s 194 Persons who may give agreement for detention s 195 Agreement for detention—administrator s 196 Agreement for detention—chief psychiatrist s 197 Effect of order for detention Chapter 7 — Treatment and care of patients
Part 1 — Preliminary
s 198 Purpose of ch 7 s 199 Relationship between this Act and custodial status of particular patients Part 2 — Responsibility to provide treatment and care
s 200 Application of pt 2 s 201 Examination of patient for purpose of providing treatment and care s 202 Authorised doctor’s responsibilities for treatment and care s 203 Administrator’s responsibilities for treatment and care Part 3 — Patients subject to treatment authorities
Division 1 — Preliminary
s 204 Application of pt 3 Division 2 — Regular assessment
s 205 Authorised doctor must assess patient Division 3 — Actions that may be taken after assessment
s 206 Authorised doctor may revoke treatment authority s 207 Authorised psychiatrist may revoke treatment authority if patient missing s 208 Chief psychiatrist may revoke treatment authority s 209 Amendment of treatment authority to change category, limited community treatment or conditions s 210 Amendment of treatment authority to change category to inpatient Part 4 — Patients subject to forensic orders
s 211 Application of pt 4 s 212 Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions s 213 Amendment of forensic order to change category to inpatient s 214 Limited community treatment for patient subject to forensic order (Criminal Code) Part 5 — Patients subject to treatment support orders
s 215 Application of pt 5 s 216 Amendment of treatment support order to change category, limited community treatment or conditions s 217 Amendment of treatment support order to change category to inpatient Part 6 — Classified patients and patients subject to judicial orders
s 218 Application of pt 6 s 219 Authorisation of limited community treatment Part 7 — Obligations in relation to treatment in the community
s 220 Patient’s obligations to be recorded and explained s 221 Chief psychiatrist may approve temporary absence Part 8 — Advance health directives, nominated support persons and records system
Division 1 — Advance health directives
s 222 Advance health directive may include views about treatment and care Division 2 — Nominated support persons
s 223 Who is a nominated support person s 224 Functions of nominated support person Division 3 — Records system
s 225 Chief psychiatrist to maintain records system s 226 Request to keep record s 227 Requirement to give notice—matters relating to advance health directive or enduring power of attorney s 228 Requirement to give notice—revocation of appointment of nominated support person s 229 Requirement to give notice—resignation of nominated support person s 230 Copy in records system is proof Part 9 — Reporting on minors admitted to particular authorised mental health services
s 231 Obligation to notify public guardian Part 10 — Regulated treatment
Division 1 — Preliminary
s 232 Meaning of regulated treatment Division 2 — Informed consent
s 233 Requirements for informed consent s 234 Explanation to be given Division 3 — Electroconvulsive therapy
s 235 Offence to perform electroconvulsive therapy s 236 Performance of electroconvulsive therapy with consent or tribunal approval s 237 Performance of electroconvulsive therapy in emergency Division 4 — Non-ablative neurosurgical procedures
s 238 Offence to perform non-ablative neurosurgical procedure s 239 Performance of non-ablative neurosurgical procedure with consent and tribunal approval Part 11 — Prohibited treatment
s 240 Particular therapies prohibited s 241 Psychosurgery prohibited Chapter 8 — Use of mechanical restraint, seclusion, physical restraint and other practices
Part 1 — Preliminary
s 242 Purpose of ch 8 s 243 Definitions for ch 8 Part 2 — Mechanical restraint
Division 1 — Preliminary
s 244 Meaning of mechanical restraint s 245 Offence Division 2 — Authorised mechanical restraint
s 246 Requirements for use of mechanical restraint on relevant patients s 247 Application for chief psychiatrist’s approval s 248 Chief psychiatrist may require amendment of application to include reduction and elimination plan s 249 Chief psychiatrist may approve authorisation of use of mechanical restraint s 250 Authorisation of use of mechanical restraint by authorised doctor s 251 Duties of health practitioner in charge of unit s 252 Removal of mechanical restraint before authorisation ends s 253 Reuse of mechanical restraint Part 3 — Seclusion
Division 1 — Preliminary
s 254 Meaning of seclusion s 255 Offence Division 2 — Authorised seclusion
s 256 Requirements for seclusion of relevant patients s 257 Chief psychiatrist may give written direction about seclusion s 258 Authorisation of seclusion by authorised doctor s 259 Extension of period of seclusion s 260 Duties of health practitioner in charge of unit s 261 Removal from seclusion before authorisation ends s 262 Return to seclusion after removal Division 3 — Emergency seclusion
s 263 Requirements for emergency seclusion by health practitioner in charge of unit Part 4 — Reduction and elimination plans
s 264 What is a reduction and elimination plan s 265 Content of plan s 266 Application for chief psychiatrist’s approval of plan s 267 Chief psychiatrist may approve plan Part 5 — Physical restraint and clinical need for medication
Division 1 — Physical restraint
s 268 Meaning of physical restraint s 269 Offence s 270 Requirements for use of physical restraint Division 2 — Clinical need for medication
s 271 Meaning of medication s 272 Offence Part 6 — Miscellaneous
s 273 Chief psychiatrist must make policy s 274 Obligation to notify public guardian of treatment of minors Chapter 9 — Rights of patients and others
Part 1 — Preliminary
s 275 Purpose of ch 9 s 276 Definition for ch 9 Part 2 — Statement of rights
s 277 Preparing statement of rights s 278 Giving statement of rights to patients and others s 279 Display of signs Part 3 — Rights of patients
s 280 Definition for pt 3 s 281 Visits by nominated support persons, family, carers and other support persons s 282 Visits by health practitioners s 283 Visits by legal or other advisers s 284 Communication with others s 285 Information about treatment and care s 286 Understanding of oral information s 287 Written notices to be given to nominated support persons and others s 288 Communication about patient with others s 289 Disclosure of confidential information under Hospital and Health Boards Act not limited s 290 Second opinion about treatment and care Part 4 — Roles and responsibilities of nominated support persons, family, carers and other support persons
s 291 Roles s 292 Responsibilities Part 5 — Independent patient rights advisers
s 293 Appointment s 294 Functions s 295 Independence Chapter 10 — Chief psychiatrist
Part 1 — Preliminary
s 296 Purpose of ch 10 s 297 Definition for ch 10 Part 2 — Appointment, functions and powers
s 298 Appointment s 299 Resignation s 300 Termination of appointment s 301 Functions and powers s 302 Independence of chief psychiatrist s 303 Delegation s 304 Power to require administrator to give documents or information Part 3 — Policies, practice guidelines and annual report
s 305 Making policies or practice guidelines s 306 Publication of policies and practice guidelines s 307 Annual report Part 4 — Investigations
s 308 Chief psychiatrist may investigate s 309 Investigation report s 310 Recommendations for improvement Part 5 — Serious risks to persons or public safety
s 311 Purpose of pt 5 s 312 Minister may direct chief psychiatrist to review matter s 313 Actions chief psychiatrist may take s 314 Chief psychiatrist’s order s 315 Chief psychiatrist may vary period or end order Part 6 — Information notices
Division 1 — Preliminary
s 316 Purpose of pt 6 s 317 Definitions for pt 6 Division 2 — Application, amendment and revocation
s 318 Application s 319 Decision on application s 320 Right to receive information under notice s 321 Amendment of notice to change applicant’s nominee s 322 Duration of information notice s 323 Revocation of information notice Division 3 — Miscellaneous
s 324 Tribunal must give particular information to chief psychiatrist about relevant patient s 325 Telling relevant patient about information notice s 326 Misuse of information made available under an information notice s 327 Application of part to forensic disability client Chapter 11 — Authorised mental health services
Part 1 — Preliminary
s 328 Purpose of ch 11 Part 2 — Declaration of authorised mental health services
s 329 Declaration of authorised mental health service s 330 Declaration of high security unit s 331 Declaration of authorised mental health service (rural and remote) Part 3 — Administrators of authorised mental health services
s 332 Appointment s 333 Functions s 334 Powers s 335 Register of authorised doctors and authorised mental health practitioners s 336 Record of relevant patients s 337 Delegation Part 4 — Authorised doctors and authorised mental health practitioners
Division 1 — Appointment, functions and powers
s 338 Appointment of authorised doctor s 339 When administrator is authorised doctor s 340 Appointment of authorised mental health practitioner s 341 Appointment of health practitioner to perform particular functions of authorised doctor s 342 Appointment conditions and limit on powers s 343 When office ends s 344 Functions and powers s 345 Requirement to give notice of particular decisions Division 2 — Identity cards
s 346 Issue of identity card s 347 Production or display of identity card s 348 Return of identity card Part 5 — Transfer of patients
Division 1 — Preliminary
s 349 Purpose of pt 5 s 350 Definition for pt 5 Division 2 — Authorised mental health service transfers
s 351 Transfer between services by agreement of administrators s 352 Transfer between services by requirement of chief psychiatrist Division 3 — Forensic disability service transfers
s 353 Transfer between authorised mental health service and forensic disability service Division 4 — Interstate transfers
s 354 Transfer of person subject to treatment authority to another State s 355 Transfer of person subject to interstate order from another State Division 5 — General provisions
s 356 Responsibility for person s 357 Power to transport s 358 Notice to tribunal Part 6 — Transport of persons
Division 1 — Preliminary
s 359 Who is an authorised person Division 2 — Transport of persons within and to and from authorised mental health services and other particular places
s 360 Transport within authorised mental health service s 361 Transport to or from authorised mental health service and other particular places s 362 Taking person after treatment and care to person’s requested place Division 3 — Transport of absent persons
s 363 Application of div 3 s 364 Particular persons may require return of absent person s 365 Limitation on requirement to return particular absent persons s 366 Authorised person may transport absent person s 367 Effect on assessment period Division 4 — Transport of persons to and from interstate mental health services
s 368 Apprehension, detention and transport of person absent from interstate mental health service s 369 Transport of person in Queensland to interstate mental health service s 370 Transport of person outside Queensland to authorised mental health service s 371 Making of emergency examination authority Division 5 — Transport powers
s 372 Application of div 5 s 373 Power to detain s 374 Power to administer medication s 375 Power to use mechanical restraint s 376 Power to enter particular places Division 6 — Warrant for apprehension of person to transport person
s 377 Application for warrant for apprehension of person s 378 Issue of warrant s 379 Electronic application s 380 Additional procedure if electronic application s 381 Defect in relation to a warrant s 382 Warrants—entry procedure Part 7 — Security
Division 1 — Preliminary
s 383 Purpose of pt 7 s 384 Definitions for pt 7 Division 2 — Postal articles and other things in authorised mental health services
s 385 Patient may receive and send postal article s 386 Administrator may search thing received for patient Division 3 — Searches of patients of authorised mental health services or public sector health service facilities
s 387 Application of div 3 s 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
s 389 Application of div 4 s 390 Power to search on admission or entry Division 5 — Searches of visitors to high security units or other approved services
s 391 Application of div 5 s 392 Power to search visitor s 393 Requirement to explain to visitor s 394 Direction to leave s 395 Visitor may leave thing with authorised security officer s 396 Authorised security officer may ask visitor to leave thing with officer s 397 Visitor may ask for search to stop s 398 Return of thing to visitor Division 6 — Requirements for searches
s 399 Requirements for personal search s 400 Requirements for search requiring removal of clothing s 401 Requirements for search of possessions Division 7 — Records of searches
s 402 Record of search must be made Division 8 — Seizure
s 403 Seizure of harmful or other thing s 404 Receipt for seized thing s 405 Access to seized thing Division 9 — Identity cards
s 406 Approval of identity card Division 10 — Compensation
s 407 Compensation for damage to possessions Division 11 — Exclusion of visitors
s 408 Administrator may refuse to allow person to visit patient Chapter 12 — Mental Health Review Tribunal proceedings
Part 1 — Preliminary
s 409 Purpose of ch 12 s 410 Particular decisions of no effect for classified patient Part 2 — Review of treatment authorities
Division 1 — Preliminary
s 411 Definitions for pt 2 s 412 Matters to which tribunal must have regard Division 2 — When particular reviews are conducted
s 413 When reviews are conducted s 414 When periodic review deferred s 415 When tribunal must not conduct review s 416 When particular tribunal review is not required Division 3 — Applications and notices of hearings
s 417 Application for applicant review to state orders sought s 418 Notice of hearing Division 4 — Decisions and orders
Subdivision 1 — Decisions to be made on review
s 419 Decisions s 420 Administrator to provide report s 421 Requirement to revoke treatment authority Subdivision 2 — Confirmation of treatment authority—related orders
s 422 Application of sdiv 2 s 423 Change of category to community s 424 Community category—deciding whether authorised doctor may reduce treatment in community s 425 Inpatient category—limited community treatment s 426 Conditions s 427 Transfer to another authorised mental health service s 428 Change of category to inpatient s 429 Other orders Part 3 — Review of forensic orders (mental health) and forensic orders (disability)
Division 1 — Preliminary
s 430 Application of pt 3 s 431 Definitions for pt 3 s 432 Matters to which tribunal must have regard Division 2 — When particular reviews are conducted
s 433 When reviews are conducted s 434 When periodic review deferred s 435 Requirement to conduct periodic review suspended s 436 When tribunal must not conduct review s 437 When particular tribunal review is not required Division 3 — Applications and notices of hearings
s 438 Application for applicant review to state orders sought s 439 Notice of hearing Division 4 — Decisions and orders
Subdivision 1 — Decisions to be made on review
s 440 Application of div 4 s 441 Decisions s 442 Requirement to confirm forensic order Subdivision 2 — Confirmation of forensic order—related orders
s 443 Application of sdiv 2 s 444 Change or confirmation of category s 445 Inpatient category—orders about treatment in community s 446 Community category—orders about treatment in community s 447 Conditions s 448 Other orders Subdivision 3 — Revocation of forensic order (mental health)—related orders
s 449 Application of sdiv 3 s 450 Making of treatment support order s 451 Making of treatment authority or no further order Division 5 — Restrictions on revoking or amending forensic orders
s 452 Orders with non-revocation period s 453 Order for person temporarily unfit for trial s 454 Order for person charged with prescribed offence s 455 Tribunal’s order takes effect after suspension or change of category ends Division 6 — Other provisions
s 456 Transfer of responsibility for forensic patient s 457 Person with dual disability Part 4 — Review of forensic orders (Criminal Code)
s 458 Application of pt 4 s 459 Tribunal to conduct hearing s 460 Notice of hearing s 461 Making of forensic order s 462 Application of ch 5 provisions Part 5 — Review of treatment support orders
Division 1 — Preliminary
s 463 Definitions for pt 5 s 464 Matters to which tribunal must have regard Division 2 — When particular reviews are conducted
s 465 When reviews are conducted s 466 When periodic review deferred s 467 Requirement to conduct periodic review suspended s 468 When tribunal must not conduct review s 469 When particular tribunal review is not required Division 3 — Applications and notices of hearings
s 470 Application for applicant review to state orders sought s 471 Notice of hearing Division 4 — Decisions and orders
Subdivision 1 — Decisions to be made on review
s 472 Decisions s 473 Requirement to confirm treatment support order Subdivision 2 — Confirmation of treatment support order—related orders
s 474 Application of sdiv 2 s 475 Change of category to community s 476 Community category—deciding whether authorised doctor may reduce treatment in community s 477 Inpatient category—limited community treatment s 478 Conditions s 479 Transfer to another authorised mental health service s 480 Change of category to inpatient s 481 Other orders Subdivision 3 — Revocation of treatment support order—related orders
s 482 Application of sdiv 3 s 483 Making of treatment authority or no further order Part 6 — Review of fitness for trial
Division 1 — Review
s 484 Application of div 1 s 485 Meaning of finding of unfitness s 486 When reviews are conducted s 487 Notice of hearing s 488 Decisions on review Division 2 — Procedures following review if person unfit for trial
s 489 Application of div 2 s 490 Director of public prosecutions to decide whether proceeding to be discontinued s 491 Proceeding discontinued at end of prescribed period s 492 Effect of discontinuing proceeding s 493 Proceeding may be discontinued at other time Division 3 — Procedures following review if person fit for trial
s 494 Application of div 3 s 495 Definitions for div 3 s 496 Director of public prosecutions to give notice of fitness for trial s 497 Listing proceeding for mention s 497A Prosecuting authority to give chief psychiatrist notice of ending of order s 497B Disclosure of particular information on ending of order Part 7 — Review of detention of minors in high security units
s 498 Application of pt 7 s 499 When reviews are conducted s 500 Notice of hearing s 501 Decision on review Part 8 — Applications for examination authorities
s 502 Application for examination authority s 503 Notice of hearing s 504 Decision on application s 505 Duration of examination authority s 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
s 507 Who may apply s 508 Notice of hearing s 509 Decision on application Division 2 — Non-ablative neurosurgical procedures
s 510 Who may apply s 511 Notice of hearing s 512 Decision on application Part 10 — Applications for approval to transfer particular persons into and out of Queensland
Division 1 — Transfers into Queensland
s 513 Definitions for div 1 s 514 Who may apply s 515 Requirements for application s 516 Notice of hearing s 517 Decision on application s 518 Making of forensic order s 519 When interstate transfer approval takes effect s 520 Transport of patient seeking transfer under interstate transfer approval Division 2 — Transfers out of Queensland
s 521 Definitions for division s 522 Who may apply s 523 Requirements for application s 524 Notice of hearing s 525 Decision on application s 526 When interstate transfer approval or international transfer approval takes effect s 527 Transport of patient seeking transfer under interstate transfer approval s 527A Transport of patient seeking transfer under international transfer approval s 528 Effect on order Part 11 — Miscellaneous
s 529 Relationship with ch 16, pt 2 s 530 Use of victim impact statement by tribunal Chapter 13 — Appeals
Part 1 — Preliminary
s 531 Purpose of ch 13 Part 2 — Appeals to tribunal
s 532 Definitions for pt 2 s 533 Appeal to tribunal s 534 How to start appeal s 534A Frivolous or vexatious appeal s 535 Notice of appeal and hearing s 536 Stay of decision pending appeal s 537 Appeal powers Part 3 — Appeals to Mental Health Court
Division 1 — Preliminary
s 538 Definition for pt 3 Division 2 — Making and hearing appeals
s 539 Who may appeal s 540 Parties to appeal s 541 How to start appeal s 542 Frivolous or vexatious appeal s 543 Notice of appeal and hearing s 544 Stay of decision pending appeal s 545 Notice of stay of decision on review of person’s fitness for trial s 546 Appeal powers s 547 Mental Health Court may make forensic order or treatment support order s 548 Mental Health Court’s decision final Part 4 — Appeals to Court of Appeal
s 549 Who may appeal s 550 How to start appeal s 551 Appeal powers s 552 Notice of decision Chapter 14 — Monitoring and enforcement
Part 1 — Preliminary
s 553 Purpose of ch 14 s 554 Definitions for ch 14 Part 2 — General provisions about inspectors
Division 1 — Appointment
s 555 Appointment and qualifications s 556 Functions of inspectors s 557 Appointment conditions and limit on powers s 558 When office ends s 559 Resignation Division 2 — Identity cards
s 560 Issue of identity card s 561 Production or display of identity card s 562 Return of identity card Division 3 — Miscellaneous provisions
s 563 References to exercise of powers s 564 Reference to document includes reference to reproductions from electronic document Part 3 — Entry of places by inspectors
Division 1 — Power to enter
s 565 General power to enter places Division 2 — Entry by consent
s 566 Application of div 2 s 567 Incidental entry to ask for access s 568 Matters inspector must tell occupier s 569 Consent acknowledgement Division 3 — Entry under warrant
Subdivision 1 — Obtaining warrant
s 570 Application for warrant s 571 Issue of warrant s 572 Electronic application s 573 Additional procedure if electronic application s 574 Defect in relation to a warrant Subdivision 2 — Entry procedure
s 575 Entry procedure Part 4 — General powers of inspectors after entering places
s 576 Application of pt 4 s 577 General powers s 578 Power to require reasonable help s 579 Offence to contravene help requirement Part 5 — Seizure by inspectors and forfeiture
Division 1 — Power to seize
s 580 Seizing evidence at a place that may be entered without consent or warrant s 581 Seizing evidence at a place that may be entered only with consent or warrant s 582 Seizure of property subject to security Division 2 — Powers to support seizure
s 583 Power to secure seized thing s 584 Offence to contravene other seizure requirement s 585 Offence to interfere Division 3 — Safeguards for seized things
s 586 Receipt and information notice for seized thing s 587 Access to seized thing s 588 Return of seized thing Division 4 — Forfeiture
s 589 Forfeiture by chief psychiatrist decision s 590 Information notice about forfeiture decision s 591 Forfeiture on conviction s 592 Procedure and powers for making forfeiture order Division 5 — Dealing with property forfeited or transferred to State
s 593 When thing becomes property of the State s 594 How property may be dealt with Part 6 — Other information-obtaining powers of inspectors
s 595 Power to require name and address s 596 Offence to contravene personal details requirement s 597 Power to require information s 598 Offence to contravene information requirement Part 7 — Miscellaneous provisions relating to inspectors
Division 1 — Damage
s 599 Duty to avoid inconvenience and minimise damage s 600 Notice of damage Division 2 — Compensation
s 601 Claim s 602 Court order Part 8 — Reviews and appeals about seizure and forfeiture
s 603 Definitions for pt 8 s 604 Right of appeal s 605 Appeal process starts with internal review s 606 How to apply for internal review s 607 Stay of operation of decision s 608 Internal review decision s 609 Who may appeal s 610 Procedure for an appeal to the court s 611 Stay of operation of internal review decision s 612 Powers of court on appeal s 613 Effect of decision of court on appeal Chapter 15 — Suspension of criminal proceedings, offences and other legal matters
Part 1 — Preliminary
s 614 Purpose of ch 15 Part 2 — Suspension of criminal proceedings
s 615 Purpose of pt 2 s 616 Suspension of proceedings s 617 Giving notice of particular suspensions s 618 Ending of suspension s 619 Giving notice of ending of suspension s 620 Effect on powers relating to bail, discontinuance of proceedings and other matters Part 3 — Offences relating to patients
s 621 Offence relating to ill-treatment s 622 Offences relating to patients absconding s 623 Offences relating to patients unlawfully absent Part 4 — Offences relating to officials
s 624 Definition for pt 4 s 625 Obstructing official s 626 Impersonating official s 627 Giving official false or misleading information Part 5 — Detention and use of reasonable force
s 628 Classified patient (voluntary) may be detained s 629 Detention of person in authorised mental health service with use of reasonable force s 630 Detention of person in public sector health service facility with use of reasonable force s 631 Examination or assessment of involuntary patient without consent and with use of reasonable force s 632 Treatment and care of patient without consent and with use of reasonable force s 633 Relationship with use of physical restraint Part 6 — Evidence and legal proceedings
s 634 Evidentiary aids s 635 Proceedings for offences Chapter 16 — Establishment and administration of court and tribunal
Part 1 — Mental Health Court
Division 1 — Preliminary
s 636 Purpose of pt 1 Division 2 — Continuation, constitution, jurisdiction and powers
s 637 Continuation of Mental Health Court s 638 Constitution s 639 Jurisdiction s 640 Powers Division 3 — Membership
s 641 Appointment of members s 642 Appointment does not affect judge’s tenure of office s 643 Resignation of office s 644 When member’s office ends Division 4 — President
s 645 Appointment of president s 646 Arrangement of business s 647 President holds office while member of court s 648 Delegation of particular powers s 649 Resignation of office s 650 Appointment of acting president Division 5 — Assisting clinicians
s 651 Functions s 652 Appointment s 653 Conditions of appointment s 654 Resignation s 655 Termination of appointment Division 6 — Mental Health Court Registry and registrar
s 656 Mental Health Court Registry s 657 Registry’s functions s 658 Registrar’s functions s 659 Registrar’s powers—general s 660 Registrar’s power to issue subpoena s 661 Registrar’s power to require administrator to produce document s 662 Registrar’s power to require person to be brought before Mental Health Court s 663 Registrar’s power to require prosecuting authority to give particular documents s 664 Delegation by registrar Division 7 — Protection and immunities
s 665 Contempt of court s 666 Conduct that is contempt and offence s 667 Protection and immunity for member of Mental Health Court and assisting clinician Division 8 — Court examination orders
s 668 Making of court examination order s 669 Recommendation or request for court examination order on reference s 670 Transport, detention and examination of person under court examination order s 671 What happens at end of examination Division 9 — Reviews of detention in authorised mental health service or forensic disability service
s 672 Definitions for div 9 s 673 Power to review detention s 674 Notice of hearing s 675 Parties to proceeding s 676 Consideration of application s 677 Appointment of person to inquire into detention s 678 Administrator to ensure help given to appointed person s 679 General powers of appointed person s 680 Appointed person’s power to ask questions s 681 Mental Health Court may direct person’s discharge s 682 Other remedies not affected Division 10 — Procedural provisions
s 683 General right of appearance and representation s 684 Evidence s 685 Proof of matters s 686 Directions s 687 Assisting clinician’s advice before or during adjournment of hearing s 688 Assisting clinician’s advice during hearing s 689 Particular advice of assisting clinician to be stated in reasons for decision s 690 When court may conduct hearing in absence of person s 691 Appointing assistant s 692 Court may sit and adjourn hearing s 693 Hearing of reference generally open to public s 694 Particular hearings not generally open to public s 695 Hearing about minor not open to public s 696 Confidentiality order s 697 Costs s 698 Death or incapacity of member after hearing started Division 11 — Rules and practice
s 699 Rule-making power s 700 Directions about practice Division 12 — Miscellaneous
s 701 Annual report Part 2 — Mental Health Review Tribunal
Division 1 — Preliminary
s 702 Purpose of pt 2 s 703 Definition for pt 2 Division 2 — Continuation, jurisdiction and powers
s 704 Continuation of Mental Health Review Tribunal s 705 Jurisdiction and independence s 706 Powers Division 3 — Members and staff of tribunal
s 707 Appointment of members s 708 Duration of appointment s 709 Terms of appointment s 710 Resignation s 711 Termination of appointment s 712 Deputy president to act as president s 713 Executive officer and other staff s 714 President’s functions generally s 715 President’s powers Division 4 — Constitution of tribunal for hearings
s 716 Particular proceedings s 717 Application for examination authority s 718 Application for approval to perform non-ablative neurosurgical procedure s 719 Matters president to consider in constituting tribunal s 720 Presiding member Division 5 — Examinations, confidentiality orders and reports
s 721 Tribunal may order examination s 722 Confidentiality order s 723 Reports for particular review proceedings Division 6 — Procedural provisions for ch 12 proceedings
Subdivision 1 — Applications
s 724 Application of sdiv 1 s 725 Approved form s 726 Frivolous or vexatious application s 727 Hearing of application Subdivision 2 — Adjournment of hearing of particular periodic reviews
s 728 Application of sdiv 2 s 729 Definitions for sdiv 2 s 730 Adjournment of hearing s 731 Hearing of scheduled review to be conducted on relevant person’s return Division 7 — General procedural provisions
Subdivision 1 — Preliminary
s 732 Application of div 7 s 733 Conducting proceedings generally s 734 Presentation of party’s case and inspection of documents Subdivision 2 — Pre-hearing matters
s 735 Matters to be stated in notice of hearing s 736 Right to appear s 737 Attorney-General to give notice of intention to appear s 738 Disclosure of documents to be relied on in hearing Subdivision 3 — Hearings
s 739 Right of representation and support s 740 Appointment of representative s 741 Hearing not open to public s 742 Victim impact statement s 743 Restrictions on disclosing victim impact statement s 744 Requiring witness to attend or produce document or thing s 745 Tribunal to allow party to call or give evidence s 746 Proceeding by remote conferencing or on the papers s 747 Proceeding in absence of involuntary patient s 748 Conducting hearings of proceedings at same time s 749 Adjourning hearing of proceeding s 750 Appointing assistant s 751 Dealing with documents or other things s 752 Way questions decided s 753 Referring question of law to Mental Health Court s 754 Costs Subdivision 4 — Decisions of tribunal
s 755 Notice of decision s 756 Written reasons for decision s 757 Requirement to give effect to tribunal decision s 758 Publishing decision and reasons Subdivision 5 — Revocation of particular forensic orders and treatment support orders
s 759 Order for missing person Division 8 — Offences and contempt
s 760 Offences by witnesses s 761 False or misleading information or document s 762 Fabricating evidence s 763 Contempt of tribunal s 764 Punishment of contempt s 765 Conduct that is contempt and offence Division 9 — Protection and immunities
s 766 Protection and immunity for members s 767 Protection and immunity for other persons Division 10 — Rules and practice
s 768 Rule-making power s 769 Directions about practice Division 11 — Miscellaneous
s 770 Authentication of documents s 771 Judicial notice of particular signatures s 772 Delegation s 773 Register s 774 Annual report Chapter 17 — Confidentiality
Part 1 — Preliminary
s 775 Purpose of ch 17 s 776 Definitions for ch 17 s 777 Relationship of ch 17 with other Acts Part 2 — Duty of confidentiality
s 778 Offence to use or disclose personal information s 779 — Part 3 — Permitted use and disclosure
s 780 Disclosure to identify person with mental health defence s 781 Disclosure to identify and offer support to victims s 782 Disclosure for report by private psychiatrist s 783 Disclosure of particular information relating to classified patient s 784 Disclosure of particular information relating to person in contact with forensic disability service s 785 Disclosure to lawyer s 785A Disclosure to inspector of detention services s 786 Disclosure of photograph of patient required to return s 787 Disclosure of information for research purposes Part 4 — Offences relating to publication of judicial proceedings
s 788 Definition for pt 4 s 789 Publication of reports and decisions on references—Mental Health Court and Court of Appeal s 790 Publication of report of other proceedings s 791 Publication of information disclosing identity of party to proceeding s 792 Publication of date of hearing permitted s 793 Publication of information disclosed at hearing permitted Part 5 — Availability of copies of tribunal records and transcripts
s 793A Restrictions on availability of copies of records and transcriptions of proceedings Chapter 18 — General provisions
s 794 Detention of involuntary patient must be in inpatient unit s 795 Use of audiovisual link for examination or assessment s 796 Disclosure by QCAT of information about personal guardian or administrator s 797 Protection of official from liability s 797A Particular periods counted as imprisonment or detention s 798 Approved forms s 799 Electronic format for notices and other information s 800 Regulation-making power Chapter 18A — Validation of appointment to tribunal and related provisions
Part 1 — Preliminary
s 800A Definitions for chapter Part 2 — Validation
s 800B Validation provision for purported appointment of ineligible person Part 3 — Referral of particular decisions to special tribunal
s 800C Special tribunal s 800D Request to refer relevant decision to the special tribunal s 800E When chief executive may refer relevant decision s 800F Decision by special tribunal on referral Part 4 — Decisions by tribunal
s 800G Decision by tribunal on referral Chapter 18B
s 800H — s 800I — s 800J — s 800K — s 800L — s 800M — s 800N — s 800O — s 800P — Chapter 19 — Repeal
s 801 Repeal Chapter 20 — Transitional provisions for Act No. 5 of 2016
Part 1 — Preliminary
s 802 Definitions for ch 20 s 803 Application of new Act in relation to proceedings for alleged offences s 804 Detention under repealed Act Part 2 — Provisions about assessment and detention under chapters 2 and 3 of repealed Act
s 805 Assessment documents s 806 Persons subject to assessment documents s 807 Justices examination order s 808 Emergency examination order s 809 Detention for assessment s 810 Agreement for assessment s 811 Custodian’s assessment authority s 812 Taking person to authorised mental health service s 813 Classified patients s 814 Report of authorised doctor s 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
s 816 Court assessment order Part 4 — Provisions about treatment and care of patients under chapter 4 of repealed Act
s 817 Treatment plans s 818 Limited community treatment s 819 Monitoring conditions Part 5 — Provisions about electroconvulsive therapy under chapter 4 of repealed Act
s 820 Consent to electroconvulsive therapy s 821 Emergency electroconvulsive therapy Part 6 — Provisions about movement, transfer and temporary absence of patients under chapter 5 of repealed Act
s 822 Move of patients interstate s 823 Temporary absences Part 7 — Provisions about tribunal reviews under chapter 6 of repealed Act
Division 1 — Orders and decisions made before commencement
s 824 Particular orders and decisions not given effect before commencement s 825 Particular decisions unaffected by new Act Division 2 — Reviews and applications not completed before commencement
s 826 Existing applications to tribunal s 827 Existing reviews started other than by an application s 828 Effect of tribunal’s decision on existing review Division 3 — Other provisions
s 829 When first periodic review under new Act must be conducted s 830 Discontinuing proceeding for offence following review of fitness for trial s 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
s 832 Making of reference under repealed Act by director or director of public prosecutions Division 2 — References
s 833 Application of div 2 s 834 Hearing of reference continues under repealed Act s 835 Appeal against Mental Health Court’s decision Division 3 — Forensic orders (Mental Health Court) and forensic orders (Mental Health Court—Disability)
s 836 Forensic order (Mental Health Court) s 837 Forensic order (Mental Health Court—Disability) s 838 Limited community treatment for forensic patient s 839 Review of forensic order under new Act Division 4 — Other provisions
s 840 Order approving interstate transfer under s 288B of repealed Act s 841 Forensic order (Criminal Code) s 842 Custody order s 843 Forensic order (Minister) s 844 Forensic disability client temporarily detained in authorised mental health service Part 9 — Provisions about information orders under chapter 7A of repealed Act
s 845 Forensic information orders s 846 Classified patient information orders Part 10 — Provisions about security of authorised mental health services under chapter 10 of repealed Act
s 847 Exclusion of visitors Part 11 — Provisions about Mental Health Court under chapter 11 of repealed Act
s 848 Mental Health Court registry s 849 Court examination order s 850 Inquiry into detention of patient in authorised mental health service Part 12 — Miscellaneous
s 851 Mental Health Court, tribunal or another court may make orders about transition from repealed Act to new Act s 852 Notices generally s 853 Records made under repealed Act s 854 Material submitted by victim or concerned person s 855 Subpoenas s 856 Authorised mental health services and high security units s 857 Office holders s 858 Suspended proceedings s 859 Reviews relating to serious risks s 860 Appeals s 861 Annual reports s 862 References to orders and authorities under repealed Act s 863 Application of new Act, s 420 Chapter 20A
s 864A — s 864B — Chapter 21 — Other transitional and validation provisions
Part 1 — Transitional provision for Hospital Foundations Act 2018
s 864 Application of s 797A to particular periods Part 2 — Transitional provisions for Health and Other Legislation Amendment Act 2022
s 865 Definitions for part s 866 Application of new s 117A to reference made before commencement s 867 Application of new s 157A to reference made before commencement s 868 Application of new ss 317, 322 and 323 s 869 Apprehension and transport of persons s 870 Application of new s 509 s 871 Application of new ch 12, pt 10 s 872 Application of new s 778 Part 3 — Appointments and validation
s 873 Appointments to Mental Health Court and validation Part 4 — Transitional provision for Health and Other Legislation Amendment Act 2024
s 874 Application of amendments about admissibility relating to references Schedule 1 — Information that applicant, or applicant’s nominee, is entitled to receive under an information notice
s 1 Information about reviews s 2 Information about transfer application s 3 Information about tribunal decisions s 4 Information about appeals s 5 Information about absences s 6 Miscellaneous information Schedule 2 — Who may appeal to Mental Health Court Schedule 3 — Dictionary 