Queensland Consolidated Acts Queensland Consolidated Acts(1) The tribunal must not do either of the following unless it is satisfied the patient does not represent an unacceptable risk to the safety of the patient or others, having regard to the patient's mental illness or intellectual disability—
(a) revoke the forensic order for the patient;
(b) order or approve limited community treatment for the patient.
(2) The tribunal must not revoke the forensic order for the patient if the patient has moved out of Queensland under chapter 5, part 1, division 3 or section 288B, unless—
(a) 2 years has elapsed after the patient's moving out of Queensland; and
(b) it is satisfied the patient is not likely to move back to Queensland.
(3) The tribunal must not revoke the forensic order for the patient if—
(a) a jury has made a section 613 or 645 finding for the patient or the Mental Health Court has decided the patient is unfit for trial; and
(b) proceedings against the patient for the offence to which the finding or decision relates have not been discontinued under part 4 or chapter 7, part 6.
(4) The tribunal must not order or approve limited community treatment for a patient mentioned in subsection (3) unless it is satisfied there is not an unacceptable risk the patient would, if the treatment were undertaken in the community—
(a) not return to the authorised mental health service when required; or
(b) commit an offence; or
(c) endanger the safety or welfare of the patient or others.
(5) In deciding whether to make an order under section 203(2)(e), the tribunal must have regard to the following—
(a) whether the patient has an intellectual or cognitive disability within the meaning of the Forensic Disability Act but does not require involuntary treatment for a mental illness under this Act;
(b) whether the patient is likely to benefit from care and support within the meaning of the Forensic Disability Act provided in the forensic disability service.
(6) Also, the tribunal must not make an order for a patient under section 203(2)(e) unless a certificate given to the tribunal under section 204A states that the forensic disability service has the capacity for the patient's detention and care.
(7) In this section—
benefit means benefit by way of individual development and opportunities for quality of life and participation and inclusion in the community.