Queensland Consolidated Acts Queensland Consolidated Acts(1) A person's death is a death in care if, when the person died—
(a) the person had a disability mentioned in the Disability Services Act 2006, section 11, and—
(i) was living in a level 3 accredited residential service; or
(ii) was receiving services providing accommodation to persons with a disability and operated, or wholly or partly funded, by the department in which the Disability Services Act 2006 is administered; or
(iii) was living in a residential service—
(A) that is not a private dwelling or aged care facility; and
(B) that is wholly or partly funded by the department in which the Health Services Act 1991 is administered or at which that department provides services; or
(aa) the person was, under the Forensic Disability Act 2011—
(i) being taken to, or detained in, the forensic disability service as a forensic disability client; or
(ii) being taken to an authorised mental health service under section 37 or 113(2)(b) or (4) of that Act; or
(iii) undertaking limited community treatment while accompanied by a practitioner within the meaning of that Act; or
(iv) absent from the forensic disability service under a temporary absence approval while accompanied by a practitioner within the meaning of that Act; or
(v) awaiting admission at an authorised mental health service under an order for the person's transfer from the forensic disability service to the authorised mental health service; or
(b) the person was, under the Mental Health Act 2000—
(i) being taken to an authorised mental health service under section 25, 34, 39, 292 or 508 of that Act; or
(ii) being taken to, or detained in, an authorised mental health service as an involuntary patient or under an emergency examination order; or
(iii) being taken to, or detained in, an authorised mental health service because of a court order under section 101(2), 273(1)(b), 337(6) or 422(1) of that Act; or
(iv) undertaking limited community treatment while accompanied by an employee of a health service; or
(v) absent from an authorised mental health service under an approval given under section 186 of that Act while accompanied by an employee of a health service; or
(vi) being detained in an authorised mental health service under section 309B of that Act; or
(vii) being taken to the forensic disability service under section 169J of that Act; or
(c) the person was under the guardianship of the chief executive under the Adoption Act 2009, section 57 or 65; or
(d) the person was a child who was—
(i) in the custody or guardianship of the chief executive (child safety) under the Child Protection Act 1999; or
(ii) placed in care under an assessment care agreement; or
(iii) the subject of a child protection order granting custody of the child to a person, other than a parent of the child, who is a member of the child's family; or
(iv) the subject of a child protection order granting long-term guardianship of the child to—
(A) a suitable person, other than a parent of the child, who is a member of the child's family; or
(B) another suitable person, other than a member of the child's family, nominated by the chief executive.
(2) Subsection (1)(aa) or (b) applies even if, immediately before the person was detained, the person was in the custody of the chief executive (corrective services) under the Corrective Services Act 2006.
(3) Subsection (1) applies even if the person died somewhere other than the place where the person ordinarily lived for the purposes of being in care.
Example—
A child placed in the care of an approved foster carer becomes ill and is taken to hospital. The child dies while in hospital. The child's death is a death in care.
(4) In this section—
assessment care agreement means an assessment care agreement as defined under the Child Protection Act 1999.
authorised mental heath service means an authorised mental health service as defined under the Mental Health Act 2000.
child protection order means a child protection order as defined under the Child Protection Act 1999.
forensic disability client means a forensic disability client as defined under the Forensic Disability Act 2011.
forensic disability service means the forensic disability service as defined under the Forensic Disability Act 2011.
level 3 accredited residential service means a residential service that has, or is required to apply for, a level 3 accreditation under the Residential Services (Accreditation) Act 2002.