Queensland Consolidated Acts Queensland Consolidated Acts(1) An authorised doctor for a patient's treating health service may, under the patient's treatment plan, authorise limited community treatment for the patient.
(2) However, the doctor may authorise limited community treatment for the patient only—
(a) for a forensic patient—with the approval of the tribunal or the Mental Health Court; or
Editor's note—
See sections 203 (Decisions on review) and 289 (Mental Health Court may order, approve or revoke limited community treatment).
(b) for a classified patient—with the director's written approval; or
(c) for a patient detained in an authorised mental health service under an order of the Mental Health Court under section 273(1)(b)—if authorised to do so under the order.
Editor's note—
See section 275 (Mental Health Court may approve limited community treatment).
(3) The director must not give an approval under subsection (2)(b) unless the director is satisfied there is not an unacceptable risk of one of the following events happening if the treatment were undertaken in the community—
(a) the patient would not return to the authorised mental health service when required;
(b) the patient would commit an offence while away from the health service;
(c) the patient would endanger the safety or welfare of the patient or others.
(4) Also, in deciding whether to give the approval, the director must have regard to the following—
(a) the patient's mental state and psychiatric history;
(b) the offence leading to the patient becoming a classified patient;
(c) the patient's social circumstances;
(d) the patient's response to treatment and willingness to continue treatment.
(5) An approval under subsection (2)(b) may be given subject to the reasonable conditions the director decides.
(6) The director may withdraw an approval under subsection (2)(b) if—
(a) the director is reasonably satisfied an event mentioned in subsection (3) has happened in relation to the patient; or
(b) the director is satisfied there is an unacceptable risk of an event mentioned in subsection (3) happening in relation to the patient.
(7) In deciding whether to withdraw an approval under subsection (2)(b) on the ground mentioned in subsection (6)(b), the director must have regard to the matters mentioned in subsection (4).