Queensland Consolidated Acts

MENTAL HEALTH ACT 2000 - SECT 289

(1) The Mental Health Court may, under the forensic order for the patient, decide to do any 1 or more of the following—

(a) order that the patient have limited community treatment subject to the reasonable conditions the court considers appropriate;

(b) approve limited community treatment for the patient subject to the reasonable conditions the court considers appropriate;

(c) revoke an order or approval for limited community treatment for the patient.

(2) Without limiting subsection (1)(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

(3) In deciding whether to make an order under subsection (1)(a) or (b), the court must consider whether the order should be subject to a condition mentioned in subsection (2).

(4) However, the court must not order or approve limited community treatment 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.

(5) Also, the court must not order or approve limited community treatment for a patient mentioned in section 288(1)(c) 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.

(6) In deciding whether to order or approve limited community treatment for a patient, the court must have regard to the following—

(a) the patient's mental state and psychiatric history;

(b) the offence leading to the making of the forensic order for the patient;

(c) the patient's social circumstances;

(d) the patient's response to treatment and willingness to continue treatment or care.