Queensland Consolidated Acts Queensland Consolidated Acts(1) The Mental Health Court must not make a decision under section 267(1)(a) or (b) if the court is satisfied a fact that is substantially material to the opinion of an expert witness is so in dispute it would be unsafe to make the decision.
(2) Without limiting subsection (1), a substantially material fact may be—
(a) something that happened before, at the same time as, or after the alleged offence was committed; or
(b) something about the person's past or present medical or psychiatric treatment.