Mental Health Act 2016

This section applies to—

a proceeding for a review under chapter 12; or

a proceeding for hearing an application under—

chapter 12, part 9, division 1 for approval to perform electroconvulsive therapy on a person; or

chapter 12, part 10, division 1 for approval of the transfer into Queensland of a person subject to an interstate forensic order; or

chapter 12, part 10, division 2 for approval of the transfer out of Queensland of a person subject to a forensic order (mental health), forensic order (disability) or treatment support order; or

an appeal under chapter 13, part 2.

The tribunal must be constituted by at least 3, but not more than 5, members of whom—

at least 1 must be a lawyer; and

at least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and

at least 1 person who is not a lawyer or doctor.

However, for a proceeding for a review of a treatment authority for a person or for hearing an application for approval to perform electroconvulsive therapy on a person, the tribunal may be constituted by fewer than 3 members if the president is satisfied—

it is appropriate, expedient and in the person’s best interests to do so; and

for hearing an application for approval to perform electroconvulsive therapy on a person—electroconvulsive therapy has been performed on the person under section 237 or approval to perform electroconvulsive therapy on the person is required urgently.