Section 585 — Offence to interfere — Mental Health Act 2016 (Queensland) — Barrister AI

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Section 585 — Offence to interfere — Mental Health Act 2016 (Queensland) — Barrister AI

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s 1Short title s 2Commencement s 3Main objects of Act s 4Act binds all persons s 5Principles for persons with mental illness s 6Principles for victims and others s 7Regard to principles s 8Application to person with intellectual disability s 9Definitions s 10Meaning of mental illnesss 11Meaning of involuntary patients 12Meaning of treatment criterias 13Meaning of less restrictive ways 14Meaning of capacity to consent to be treated s 14ATerritory of Norfolk Island taken to be a State s 15Responsibility for involuntary patient or forensic disability client s 16Purpose of limited community treatment s 17Purpose of pt 4 s 18Treatment authorities s 19Persons in custody s 20Psychiatrist reports s 21Mental Health Court s 22Magistrates Courts s 23Treatment and care of patients s 24Mechanical restraint, seclusion, physical restraint and other practices s 25Rights of patients s 26Chief psychiatrist s 27Information notices s 28Mental Health Review Tribunal s 29Appeals s 30Purpose of ch 2 s 31Examination s 32Powers of doctor or authorised mental health practitioner s 33Reasonable help and force to exercise powers s 34Asking police officer for help s 35Action before exercising powers s 36Powers of doctor or authorised mental health practitioner s 37Reasonable help and force to exercise powers s 38Action before exercising powers s 39Making recommendation for assessment s 40Notice of making s 41Duration s 42Revocation s 43Making assessment s 44Where and how person may be assessed s 45Detention for assessment s 46Start of assessment period to be noted s 47Explaining decision not to make treatment authority s 48Application of pt 4 s 49Making treatment authority s 50Form of treatment authority s 51Category s 52Limited community treatment s 53Nature and extent of treatment and care s 54When advance health directive not followed s 55Notice of making s 56Review of treatment authority if not made by psychiatrist s 57Decision on review s 58Notice about review s 59Date for first assessment s 60Relationship with forensic order (disability)s 61Purpose of ch 3 s 62Definitions for ch 3 s 63Meaning of person in custodys 64Meaning of classified patients 65Transport for assessment s 66Transport for treatment and care under treatment authority or particular orders s 67Transport for treatment and care by consent s 68Transfer recommendation s 69Administrator consent s 70Prior approval of chief psychiatrist for transport of minor to high security unit s 71Custodian consent s 72Notice to chief psychiatrist if person in custody not transported within 72 hours s 73Chief psychiatrist consent for transport s 74Person subject to examination order or court examination order remaining in authorised mental health service

Part 4 — Requirements applying when person in custody becomes classified patient20

Part 4 — Preparation of psychiatrist reports10

Chapter 5 — Mental Health Court references

s 105Purpose of ch 5 s 106Definitions for ch 5 s 107Meaning of associated offences 108Meaning of diminished responsibility s 109Meaning of unsound mind s 110When reference may be made s 111How reference is made

Part 3 — Proceedings for references

s 112Application of pt 3 s 113Notice of reference s 114Parties to proceeding s 115Notice of hearing s 116Decision about unsoundness of mind and diminished responsibility s 117Substantial dispute about whether person committed offence s 117ASubstantial dispute about fact relied on in expert report s 118Decision about fitness for trial s 119Unsound mind—discontinuance of proceeding s 120Diminished responsibility—discontinuance of proceeding s 121Temporary unfitness for trial—stay of proceeding s 122Permanent unfitness for trial—discontinuance of proceeding s 123Fit for trial—continuation of proceeding s 124Related orders if person fit for trial s 125Application of div 5 s 126Application to withdraw reference s 127Notices if application to withdraw filed s 128Decision on application s 129Definition for pt 4 s 130Explanation about operation of forensic orders and treatment support orders s 131Orders if unsound mind or permanent unfitness for trial s 132Orders if temporary unfitness for trial s 133Matters to which Mental Health Court must have regard s 134Requirements for making forensic order s 135Conditions s 136Recommendations about intervention programs s 137Non-revocation period s 138Mental Health Court to decide category s 139Inpatient category s 140Community category s 141When category of forensic order (disability) may be described as residential s 142Admission to high security unit—stay of order s 143Requirements for making treatment support order s 144Conditions s 145Mental Health Court to decide category and community treatment s 146Responsibility for person subject to forensic order (mental health) or treatment support order s 147Responsibility for person subject to forensic order (disability)s 148Certificate of forensic disability service availability s 149Transport to authorised mental health service s 150Transport to forensic disability service s 151Matters authorised by forensic order (mental health) or treatment support order s 152Matters authorised by forensic orders (disability)s 153Status of forensic order or treatment support order if amended s 154Ending of order made because of temporary unfitness for trial s 155Notice of decisions and orders s 156Definition for div 2 s 157Admissibility of expert’s report and transcript at trial s 157AAdmissibility of expert’s report and transcript in proceeding before Magistrates Court s 158Particular statements not admissible s 159Issue of mental condition may be raised at trial s 160Other use of expert’s report s 161Application of div 3 s 162Preparation of victim impact statement s 163Production of victim impact statement by prosecuting authority s 164Restrictions on disclosing victim impact statement s 165Use of victim impact statement by Mental Health Court s 166Person subject to existing forensic order s 166APerson subject to existing treatment support order s 167Person subject to existing treatment authority s 167APerson subject to existing treatment support order s 167BPerson subject to existing forensic order s 167CPerson subject to existing treatment authority s 168Relationship with ch 16, pt 1 s 169Purpose of ch 6 s 170Childrens Court s 171Definition for div 1 s 172Power to dismiss complaint—unsound mind or unfitness for trial s 173Power to adjourn hearing of complaint—temporary unfitness for trial s 174Power to refer person to appropriate agency or entity s 175When reference may be made s 176How reference is made s 177Power to make examination order for person charged with simple offence s 178Examination of person s 179Examination report s 180Admissibility of examination report at trial s 180AParticular statements not admissible s 180BOther use of examination report and particular statements s 181Application of div 1 s 182Power to order plea of not guilty s 183Power to make reference to Mental Health Court and related orders s 184How reference to Mental Health Court is made s 185Persons who may give agreement for detention s 186Agreement for detention—administrator s 187Agreement for detention—chief psychiatrist s 188Effect of order for detention s 189Application of div 2 s 190Registrar of court to give notice of order s 191Power to transport person to authorised mental health service s 192Definition for pt 4 s 193Power to order person’s detention in authorised mental health service s 194Persons who may give agreement for detention s 195Agreement for detention—administrator s 196Agreement for detention—chief psychiatrist s 197Effect of order for detention s 198Purpose of ch 7 s 199Relationship between this Act and custodial status of particular patients s 200Application of pt 2 s 201Examination of patient for purpose of providing treatment and care s 202Authorised doctor’s responsibilities for treatment and care s 203Administrator’s responsibilities for treatment and care s 204Application of pt 3 s 205Authorised doctor must assess patient s 206Authorised doctor may revoke treatment authority s 207Authorised psychiatrist may revoke treatment authority if patient missing s 208Chief psychiatrist may revoke treatment authority s 209Amendment of treatment authority to change category, limited community treatment or conditions s 210Amendment of treatment authority to change category to inpatient s 211Application of pt 4 s 212Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions s 213Amendment of forensic order to change category to inpatient s 214Limited community treatment for patient subject to forensic order (Criminal Code)s 215Application of pt 5 s 216Amendment of treatment support order to change category, limited community treatment or conditions s 217Amendment of treatment support order to change category to inpatient s 218Application of pt 6 s 219Authorisation of limited community treatment s 220Patient’s obligations to be recorded and explained s 221Chief psychiatrist may approve temporary absence s 222Advance health directive may include views about treatment and care s 223Who is a nominated support person s 224Functions of nominated support person s 225Chief psychiatrist to maintain records system s 226Request to keep record s 227Requirement to give notice—matters relating to advance health directive or enduring power of attorney s 228Requirement to give notice—revocation of appointment of nominated support person s 229Requirement to give notice—resignation of nominated support person s 230Copy in records system is proof s 231Obligation to notify public guardian s 232Meaning of regulated treatments 233Requirements for informed consent s 234Explanation to be given s 235Offence to perform electroconvulsive therapy s 236Performance of electroconvulsive therapy with consent or tribunal approval s 237Performance of electroconvulsive therapy in emergency s 238Offence to perform non-ablative neurosurgical procedure s 239Performance of non-ablative neurosurgical procedure with consent and tribunal approval s 240Particular therapies prohibited s 241Psychosurgery prohibited s 242Purpose of ch 8 s 243Definitions for ch 8 s 244Meaning of mechanical restraints 245Offence s 246Requirements for use of mechanical restraint on relevant patients s 247Application for chief psychiatrist’s approval s 248Chief psychiatrist may require amendment of application to include reduction and elimination plan s 249Chief psychiatrist may approve authorisation of use of mechanical restraint s 250Authorisation of use of mechanical restraint by authorised doctor s 251Duties of health practitioner in charge of unit s 252Removal of mechanical restraint before authorisation ends s 253Reuse of mechanical restraint s 254Meaning of seclusions 255Offence s 256Requirements for seclusion of relevant patients s 257Chief psychiatrist may give written direction about seclusion s 258Authorisation of seclusion by authorised doctor s 259Extension of period of seclusion s 260Duties of health practitioner in charge of unit s 261Removal from seclusion before authorisation ends s 262Return to seclusion after removal s 263Requirements for emergency seclusion by health practitioner in charge of unit s 264What is a reduction and elimination plans 265Content of plan s 266Application for chief psychiatrist’s approval of plan s 267Chief psychiatrist may approve plan s 268Meaning of physical restraints 269Offence s 270Requirements for use of physical restraint s 271Meaning of medications 272Offence s 273Chief psychiatrist must make policy s 274Obligation to notify public guardian of treatment of minors s 275Purpose of ch 9 s 276Definition for ch 9 s 277Preparing statement of rights s 278Giving statement of rights to patients and others s 279Display of signs s 280Definition for pt 3 s 281Visits by nominated support persons, family, carers and other support persons s 282Visits by health practitioners s 283Visits by legal or other advisers s 284Communication with others s 285Information about treatment and care s 286Understanding of oral information s 287Written notices to be given to nominated support persons and others s 288Communication about patient with others s 289Disclosure of confidential information under Hospital and Health Boards Act not limited s 290Second opinion about treatment and care s 291Roles s 292Responsibilities s 293Appointment s 294Functions s 295Independence s 296Purpose of ch 10 s 297Definition for ch 10 s 298Appointment s 299Resignation s 300Termination of appointment s 301Functions and powers s 302Independence of chief psychiatrist s 303Delegation s 304Power to require administrator to give documents or information s 305Making policies or practice guidelines s 306Publication of policies and practice guidelines s 307Annual report s 308Chief psychiatrist may investigate s 309Investigation report s 310Recommendations for improvement s 311Purpose of pt 5 s 312Minister may direct chief psychiatrist to review matter s 313Actions chief psychiatrist may take s 314Chief psychiatrist’s order s 315Chief psychiatrist may vary period or end order s 316Purpose of pt 6 s 317Definitions for pt 6 s 318Application s 319Decision on application s 320Right to receive information under notice s 321Amendment of notice to change applicant’s nominee s 322Duration of information notice s 323Revocation of information notice s 324Tribunal must give particular information to chief psychiatrist about relevant patient s 325Telling relevant patient about information notice s 326Misuse of information made available under an information notice s 327Application of part to forensic disability client s 328Purpose of ch 11 s 329Declaration of authorised mental health service s 330Declaration of high security unit s 331Declaration of authorised mental health service (rural and remote)s 332Appointment s 333Functions s 334Powers s 335Register of authorised doctors and authorised mental health practitioners s 336Record of relevant patients s 337Delegation s 338Appointment of authorised doctor s 339When administrator is authorised doctor s 340Appointment of authorised mental health practitioner s 341Appointment of health practitioner to perform particular functions of authorised doctor s 342Appointment conditions and limit on powers s 343When office ends s 344Functions and powers s 345Requirement to give notice of particular decisions s 346Issue of identity card s 347Production or display of identity card s 348Return of identity card s 349Purpose of pt 5 s 350Definition for pt 5 s 351Transfer between services by agreement of administrators s 352Transfer between services by requirement of chief psychiatrist s 353Transfer between authorised mental health service and forensic disability service s 354Transfer of person subject to treatment authority to another State s 355Transfer of person subject to interstate order from another State s 356Responsibility for person s 357Power to transport s 358Notice to tribunal s 359Who is an authorised persons 360Transport within authorised mental health service s 361Transport to or from authorised mental health service and other particular places s 362Taking person after treatment and care to person’s requested place s 363Application of div 3 s 364Particular persons may require return of absent person s 365Limitation on requirement to return particular absent persons s 366Authorised person may transport absent person s 367Effect on assessment period s 368Apprehension, detention and transport of person absent from interstate mental health service s 369Transport of person in Queensland to interstate mental health service s 370Transport of person outside Queensland to authorised mental health service s 371Making of emergency examination authority s 372Application of div 5 s 373Power to detain s 374Power to administer medication s 375Power to use mechanical restraint s 376Power to enter particular places s 377Application for warrant for apprehension of person s 378Issue of warrant s 379Electronic application s 380Additional procedure if electronic application s 381Defect in relation to a warrant s 382Warrants—entry procedure s 383Purpose of pt 7 s 384Definitions for pt 7 s 385Patient may receive and send postal article s 386Administrator may search thing received for patient s 387Application of div 3 s 388Power to search on belief of possession of harmful thing s 389Application of div 4 s 390Power to search on admission or entry s 391Application of div 5 s 392Power to search visitor s 393Requirement to explain to visitor s 394Direction to leave s 395Visitor may leave thing with authorised security officer s 396Authorised security officer may ask visitor to leave thing with officer s 397Visitor may ask for search to stop s 398Return of thing to visitor s 399Requirements for personal search s 400Requirements for search requiring removal of clothing s 401Requirements for search of possessions s 402Record of search must be made s 403Seizure of harmful or other thing s 404Receipt for seized thing s 405Access to seized thing s 406Approval of identity card s 407Compensation for damage to possessions s 408Administrator may refuse to allow person to visit patient s 409Purpose of ch 12 s 410Particular decisions of no effect for classified patient s 411Definitions for pt 2 s 412Matters to which tribunal must have regard s 413When reviews are conducted s 414When periodic review deferred s 415When tribunal must not conduct review s 416When particular tribunal review is not required s 417Application for applicant review to state orders sought s 418Notice of hearing s 419Decisions s 420Administrator to provide report s 421Requirement to revoke treatment authority s 422Application of sdiv 2 s 423Change of category to community s 424Community category—deciding whether authorised doctor may reduce treatment in community s 425Inpatient category—limited community treatment s 426Conditions s 427Transfer to another authorised mental health service s 428Change of category to inpatient s 429Other orders s 430Application of pt 3 s 431Definitions for pt 3 s 432Matters to which tribunal must have regard s 433When reviews are conducted s 434When periodic review deferred s 435Requirement to conduct periodic review suspended s 436When tribunal must not conduct review s 437When particular tribunal review is not required s 438Application for applicant review to state orders sought s 439Notice of hearing s 440Application of div 4 s 441Decisions s 442Requirement to confirm forensic order s 443Application of sdiv 2 s 444Change or confirmation of category s 445Inpatient category—orders about treatment in community s 446Community category—orders about treatment in community s 447Conditions s 448Other orders s 449Application of sdiv 3 s 450Making of treatment support order s 451Making of treatment authority or no further order s 452Orders with non-revocation period s 453Order for person temporarily unfit for trial s 454Order for person charged with prescribed offence s 455Tribunal’s order takes effect after suspension or change of category ends s 456Transfer of responsibility for forensic patient s 457Person with dual disability s 458Application of pt 4 s 459Tribunal to conduct hearing s 460Notice of hearing s 461Making of forensic order s 462Application of ch 5 provisions s 463Definitions for pt 5 s 464Matters to which tribunal must have regard s 465When reviews are conducted s 466When periodic review deferred s 467Requirement to conduct periodic review suspended s 468When tribunal must not conduct review s 469When particular tribunal review is not required s 470Application for applicant review to state orders sought s 471Notice of hearing s 472Decisions s 473Requirement to confirm treatment support order s 474Application of sdiv 2 s 475Change of category to community s 476Community category—deciding whether authorised doctor may reduce treatment in community s 477Inpatient category—limited community treatment s 478Conditions s 479Transfer to another authorised mental health service s 480Change of category to inpatient s 481Other orders s 482Application of sdiv 3 s 483Making of treatment authority or no further order s 484Application of div 1 s 485Meaning of finding of unfitnesss 486When reviews are conducted s 487Notice of hearing s 488Decisions on review s 489Application of div 2 s 490Director of public prosecutions to decide whether proceeding to be discontinued s 491Proceeding discontinued at end of prescribed period s 492Effect of discontinuing proceeding s 493Proceeding may be discontinued at other time s 494Application of div 3 s 495Definitions for div 3 s 496Director of public prosecutions to give notice of fitness for trial s 497Listing proceeding for mention s 497AProsecuting authority to give chief psychiatrist notice of ending of order s 497BDisclosure of particular information on ending of order s 498Application of pt 7 s 499When reviews are conducted s 500Notice of hearing s 501Decision on review s 502Application for examination authority s 503Notice of hearing s 504Decision on application s 505Duration of examination authority s 506Copy of examination authority to be given to administrator of authorised mental health service s 507Who may apply s 508Notice of hearing s 509Decision on application s 510Who may apply s 511Notice of hearing s 512Decision on application s 513Definitions for div 1 s 514Who may apply s 515Requirements for application s 516Notice of hearing s 517Decision on application s 518Making of forensic order s 519When interstate transfer approval takes effect s 520Transport of patient seeking transfer under interstate transfer approval s 521Definitions for division s 522Who may apply s 523Requirements for application s 524Notice of hearing s 525Decision on application s 526When interstate transfer approval or international transfer approval takes effect s 527Transport of patient seeking transfer under interstate transfer approval s 527ATransport of patient seeking transfer under international transfer approval s 528Effect on order s 529Relationship with ch 16, pt 2 s 530Use of victim impact statement by tribunal s 531Purpose of ch 13 s 532Definitions for pt 2 s 533Appeal to tribunal s 534How to start appeal s 534AFrivolous or vexatious appeal s 535Notice of appeal and hearing s 536Stay of decision pending appeal s 537Appeal powers s 538Definition for pt 3 s 539Who may appeal s 540Parties to appeal s 541How to start appeal s 542Frivolous or vexatious appeal s 543Notice of appeal and hearing s 544Stay of decision pending appeal s 545Notice of stay of decision on review of person’s fitness for trial s 546Appeal powers s 547Mental Health Court may make forensic order or treatment support order s 548Mental Health Court’s decision final s 549Who may appeal s 550How to start appeal s 551Appeal powers s 552Notice of decision s 553Purpose of ch 14 s 554Definitions for ch 14 s 555Appointment and qualifications s 556Functions of inspectors s 557Appointment conditions and limit on powers s 558When office ends s 559Resignation s 560Issue of identity card s 561Production or display of identity card s 562Return of identity card s 563References to exercise of powers s 564Reference to document includes reference to reproductions from electronic document s 565General power to enter places s 566Application of div 2 s 567Incidental entry to ask for access s 568Matters inspector must tell occupier s 569Consent acknowledgement s 570Application for warrant s 571Issue of warrant s 572Electronic application s 573Additional procedure if electronic application s 574Defect in relation to a warrant s 575Entry procedure s 576Application of pt 4 s 577General powers s 578Power to require reasonable help s 579Offence to contravene help requirement s 580Seizing evidence at a place that may be entered without consent or warrant s 581Seizing evidence at a place that may be entered only with consent or warrant s 582Seizure of property subject to security s 583Power to secure seized thing s 584Offence to contravene other seizure requirement s 585Offence to interfere s 586Receipt and information notice for seized thing s 587Access to seized thing s 588Return of seized thing s 589Forfeiture by chief psychiatrist decision s 590Information notice about forfeiture decision s 591Forfeiture on conviction s 592Procedure and powers for making forfeiture order s 593When thing becomes property of the State s 594How property may be dealt with s 595Power to require name and address s 596Offence to contravene personal details requirement s 597Power to require information s 598Offence to contravene information requirement s 599Duty to avoid inconvenience and minimise damage s 600Notice of damage s 601Claim s 602Court order s 603Definitions for pt 8 s 604Right of appeal s 605Appeal process starts with internal review s 606How to apply for internal review s 607Stay of operation of decision s 608Internal review decision s 609Who may appeal s 610Procedure for an appeal to the court s 611Stay of operation of internal review decision s 612Powers of court on appeal s 613Effect of decision of court on appeal s 614Purpose of ch 15 s 615Purpose of pt 2 s 616Suspension of proceedings s 617Giving notice of particular suspensions s 618Ending of suspension s 619Giving notice of ending of suspension s 620Effect on powers relating to bail, discontinuance of proceedings and other matters s 621Offence relating to ill-treatment s 622Offences relating to patients absconding s 623Offences relating to patients unlawfully absent s 624Definition for pt 4 s 625Obstructing official s 626Impersonating official s 627Giving official false or misleading information s 628Classified patient (voluntary) may be detained s 629Detention of person in authorised mental health service with use of reasonable force s 630Detention of person in public sector health service facility with use of reasonable force s 631Examination or assessment of involuntary patient without consent and with use of reasonable force s 632Treatment and care of patient without consent and with use of reasonable force s 633Relationship with use of physical restraint s 634Evidentiary aids s 635Proceedings for offences s 636Purpose of pt 1 s 637Continuation of Mental Health Court s 638Constitution s 639Jurisdiction s 640Powers s 641Appointment of members s 642Appointment does not affect judge’s tenure of office s 643Resignation of office s 644When member’s office ends s 645Appointment of president s 646Arrangement of business s 647President holds office while member of court s 648Delegation of particular powers s 649Resignation of office s 650Appointment of acting president s 651Functions s 652Appointment s 653Conditions of appointment s 654Resignation s 655Termination of appointment s 656Mental Health Court Registry s 657Registry’s functions s 658Registrar’s functions s 659Registrar’s powers—general s 660Registrar’s power to issue subpoena s 661Registrar’s power to require administrator to produce document s 662Registrar’s power to require person to be brought before Mental Health Court s 663Registrar’s power to require prosecuting authority to give particular documents s 664Delegation by registrar s 665Contempt of court s 666Conduct that is contempt and offence s 667Protection and immunity for member of Mental Health Court and assisting clinician s 668Making of court examination order s 669Recommendation or request for court examination order on reference s 670Transport, detention and examination of person under court examination order s 671What happens at end of examination s 672Definitions for div 9 s 673Power to review detention s 674Notice of hearing s 675Parties to proceeding s 676Consideration of application s 677Appointment of person to inquire into detention s 678Administrator to ensure help given to appointed person s 679General powers of appointed person s 680Appointed person’s power to ask questions s 681Mental Health Court may direct person’s discharge s 682Other remedies not affected s 683General right of appearance and representation s 684Evidence s 685Proof of matters s 686Directions s 687Assisting clinician’s advice before or during adjournment of hearing s 688Assisting clinician’s advice during hearing s 689Particular advice of assisting clinician to be stated in reasons for decision s 690When court may conduct hearing in absence of person s 691Appointing assistant s 692Court may sit and adjourn hearing s 693Hearing of reference generally open to public s 694Particular hearings not generally open to public s 695Hearing about minor not open to public s 696Confidentiality order s 697Costs s 698Death or incapacity of member after hearing started s 699Rule-making power s 700Directions about practice s 701Annual report s 702Purpose of pt 2 s 703Definition for pt 2 s 704Continuation of Mental Health Review Tribunal s 705Jurisdiction and independence s 706Powers s 707Appointment of members s 708Duration of appointment s 709Terms of appointment s 710Resignation s 711Termination of appointment s 712Deputy president to act as president s 713Executive officer and other staff s 714President’s functions generally s 715President’s powers s 716Particular proceedings s 717Application for examination authority s 718Application for approval to perform non-ablative neurosurgical procedure s 719Matters president to consider in constituting tribunal s 720Presiding member s 721Tribunal may order examination s 722Confidentiality order s 723Reports for particular review proceedings s 724Application of sdiv 1 s 725Approved form s 726Frivolous or vexatious application s 727Hearing of application s 728Application of sdiv 2 s 729Definitions for sdiv 2 s 730Adjournment of hearing s 731Hearing of scheduled review to be conducted on relevant person’s return s 732Application of div 7 s 733Conducting proceedings generally s 734Presentation of party’s case and inspection of documents s 735Matters to be stated in notice of hearing s 736Right to appear s 737Attorney-General to give notice of intention to appear s 738Disclosure of documents to be relied on in hearing s 739Right of representation and support s 740Appointment of representative s 741Hearing not open to public s 742Victim impact statement s 743Restrictions on disclosing victim impact statement s 744Requiring witness to attend or produce document or thing s 745Tribunal to allow party to call or give evidence s 746Proceeding by remote conferencing or on the papers s 747Proceeding in absence of involuntary patient s 748Conducting hearings of proceedings at same time s 749Adjourning hearing of proceeding s 750Appointing assistant s 751Dealing with documents or other things s 752Way questions decided s 753Referring question of law to Mental Health Court s 754Costs s 755Notice of decision s 756Written reasons for decision s 757Requirement to give effect to tribunal decision s 758Publishing decision and reasons s 759Order for missing person s 760Offences by witnesses s 761False or misleading information or document s 762Fabricating evidence s 763Contempt of tribunal s 764Punishment of contempt s 765Conduct that is contempt and offence s 766Protection and immunity for members s 767Protection and immunity for other persons s 768Rule-making power s 769Directions about practice s 770Authentication of documents s 771Judicial notice of particular signatures s 772Delegation s 773Register s 774Annual report s 775Purpose of ch 17 s 776Definitions for ch 17 s 777Relationship of ch 17 with other Acts s 778Offence to use or disclose personal information s 779[Repealed]s 780Disclosure to identify person with mental health defence s 781Disclosure to identify and offer support to victims s 782Disclosure for report by private psychiatrist s 783Disclosure of particular information relating to classified patient s 784Disclosure of particular information relating to person in contact with forensic disability service s 785Disclosure to lawyer s 785ADisclosure to inspector of detention services s 786Disclosure of photograph of patient required to return s 787Disclosure of information for research purposes s 788Definition for pt 4 s 789Publication of reports and decisions on references—Mental Health Court and Court of Appeal s 790Publication of report of other proceedings s 791Publication of information disclosing identity of party to proceeding s 792Publication of date of hearing permitted s 793Publication of information disclosed at hearing permitted s 793ARestrictions on availability of copies of records and transcriptions of proceedings s 794Detention of involuntary patient must be in inpatient unit s 795Use of audiovisual link for examination or assessment s 796Disclosure by QCAT of information about personal guardian or administrator s 797Protection of official from liability s 797AParticular periods counted as imprisonment or detention s 798Approved forms s 799Electronic format for notices and other information s 800Regulation-making power s 800ADefinitions for chapter s 800BValidation provision for purported appointment of ineligible person s 800CSpecial tribunal s 800DRequest to refer relevant decision to the special tribunal s 800EWhen chief executive may refer relevant decision s 800FDecision by special tribunal on referral s 800GDecision by tribunal on referral s 800H[Expired]s 800I[Expired]s 800J[Repealed]s 800K[Expired]s 800L[Expired]s 800M[Expired]s 800N[Expired]s 800O[Expired]s 800P[Expired]s 801Repeal s 802Definitions for ch 20 s 803Application of new Act in relation to proceedings for alleged offences s 804Detention under repealed Act s 805Assessment documents s 806Persons subject to assessment documents s 807Justices examination order s 808Emergency examination order s 809Detention for assessment s 810Agreement for assessment s 811Custodian’s assessment authority s 812Taking person to authorised mental health service s 813Classified patients s 814Report of authorised doctor s 815Involuntary treatment orders s 816Court assessment order s 817Treatment plans s 818Limited community treatment s 819Monitoring conditions s 820Consent to electroconvulsive therapy s 821Emergency electroconvulsive therapy s 822Move of patients interstate s 823Temporary absences s 824Particular orders and decisions not given effect before commencement s 825Particular decisions unaffected by new Act s 826Existing applications to tribunal s 827Existing reviews started other than by an application s 828Effect of tribunal’s decision on existing review s 829When first periodic review under new Act must be conducted s 830Discontinuing proceeding for offence following review of fitness for trial s 831Non-contact order ends s 832Making of reference under repealed Act by director or director of public prosecutions s 833Application of div 2 s 834Hearing of reference continues under repealed Act s 835Appeal against Mental Health Court’s decision s 836Forensic order (Mental Health Court)s 837Forensic order (Mental Health Court—Disability)s 838Limited community treatment for forensic patient s 839Review of forensic order under new Act s 840Order approving interstate transfer under s 288B of repealed Act s 841Forensic order (Criminal Code)s 842Custody order s 843Forensic order (Minister)s 844Forensic disability client temporarily detained in authorised mental health service s 845Forensic information orders s 846Classified patient information orders s 847Exclusion of visitors s 848Mental Health Court registry s 849Court examination order s 850Inquiry into detention of patient in authorised mental health service s 851Mental Health Court, tribunal or another court may make orders about transition from repealed Act to new Act s 852Notices generally s 853Records made under repealed Act s 854Material submitted by victim or concerned person s 855Subpoenas s 856Authorised mental health services and high security units s 857Office holders s 858Suspended proceedings s 859Reviews relating to serious risks s 860Appeals s 861Annual reports s 862References to orders and authorities under repealed Act s 863Application of new Act, s 420 s 864A[Expired]s 864B[Expired]s 864Application of s 797A to particular periods s 865Definitions for part s 866Application of new s 117A to reference made before commencement s 867Application of new s 157A to reference made before commencement s 868Application of new ss 317, 322 and 323 s 869Apprehension and transport of persons s 870Application of new s 509 s 871Application of new ch 12, pt 10 s 872Application of new s 778 s 873Appointments to Mental Health Court and validation s 874Application of amendments about admissibility relating to references s 1Information about reviews s 2Information about transfer application s 3Information about tribunal decisions s 4Information about appeals s 5Information about absences s 6Miscellaneous information

Schedule 2 — Who may appeal to Mental Health Court

Schedule 3 — Dictionary

Section Whole Act

Back602 / 920Forward

585

Offence to interfere

Current

Chapter 5—Mental Health Court references

Part 3—Proceedings for references

585 Offence to interfere

(1)

If access to a seized thing is restricted under section 583, a person must not tamper with the thing or with anything used to restrict access to the thing without—

(a)

an inspector’s approval; or

(b)

a reasonable excuse.

Maximum penalty—100 penalty units.

(2)

If access to a place is restricted under section 583, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—

(a)

an inspector’s approval; or

(b)

a reasonable excuse.

Maximum penalty—100 penalty units.

This Act’s bill:Explanatory memorandum Second reading speech

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