Queensland Consolidated Acts

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MENTAL HEALTH ACT 2000 - SECT 203

203 Decisions on review

(1) On the review, the tribunal must decide to confirm or revoke the forensic order for the patient.

(2) If the tribunal confirms the forensic order, the tribunal may decide to make 1 or more of the following orders—

(a) an order that the patient have limited community treatment subject to the reasonable conditions the tribunal considers appropriate;
(b) an order approving limited community treatment for the patient subject to the reasonable conditions the tribunal considers appropriate;
(c) an order revoking an order or approval for limited community treatment for the patient; or
(d) an order that the patient be transferred from one authorised mental health service to another authorised mental health service; or
(e) an order that the patient be transferred from an authorised mental health service to the forensic disability service.

(3) Without limiting subsection (2)(a) or (b), an order under the paragraph may be made subject to a condition that the patient must not contact a stated person.

Examples of persons a patient must not contact—
1 a victim of an offence alleged to have been committed by the patient
2 the spouse or a relative or dependant of the patient

(4) In deciding whether to make an order under subsection (2)(a) or (b), the tribunal must consider whether the order should be subject to a condition mentioned in subsection (3).

(5) If 2 or more forensic orders for the patient are being reviewed together, the tribunal must make the same decision for each of the orders.

(5A) For subsection (5), the matters the tribunal must have regard to in making the decision are the matters stated in this section in relation to the most recent forensic order.

(6) In making a decision under subsection (1) or (2) in relation to a patient whose most recent forensic order is not a forensic order (Mental Health Court—Disability), the tribunal must have regard to the following—

(a) the patient's mental state and psychiatric history;
(b) each offence leading to the patient becoming a forensic patient;
(c) the patient's social circumstances;
(d) the patient's response to treatment and willingness to continue treatment.

(6A) In making a decision under subsection (1) or (2) in relation to a patient whose most recent forensic order is a forensic order (Mental Health Court—Disability), the tribunal must have regard to the following—

(a) the patient's mental state;
(b) the patient's intellectual disability;
(c) each offence leading to the patient becoming subject to the forensic order;
(d) the patient's social circumstances;
(e) the patient's treatment plan;
(f) the patient's behaviour in response to that plan, including behaviour that places the patient's health or safety or the safety of others at risk;
(g) any report by the director (forensic disability) on a review about the patient under the Forensic Disability Act, section 141.

(7) This section has effect subject to sections 203A and 204.



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