Section 604 — Right of appeal — Mental Health Act 2016 (Queensland) — Barrister AI

Cases LegislationBeta Notebook Research Briefs

Section 604 — Right of appeal — Mental Health Act 2016 (Queensland) — Barrister AI

All legislation

QLDAct

Current

Official source Save

This is the latest official compilation.Check the official source →

Ask a question about this ActPro

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

Back621 / 920Forward

604

Right of appeal

Current

Chapter 5—Mental Health Court references

Part 3—Proceedings for references

604 Right of appeal

A person who has a right to be given an information notice about a decision made under this chapter has a right to appeal against the decision.

Note—

Information notices are given under sections 586 and 590.

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

Previouss 603Definitions for pt 8 Nexts 605Appeal process starts with internal review