Queensland Consolidated Acts

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MENTAL HEALTH ACT 2000 - SECT 309C

309C Application of existing forensic order

(1) While a forensic disability client is detained in an authorised mental health service under section 309B(2)—

(a) the client's applicable forensic order applies as if it were an order for the client's detention in the health service for care; and
(b) the applicable forensic order and this Act are to be read with the changes necessary for the client's detention and care in the health service; and
(c) the Forensic Disability Act (other than sections 34, 152 and 156) does not apply to the client.

(2) Also, while the client is detained in an authorised mental health service under section 309B(2), any authorisation under the Forensic Disability Act, section 20, or any order or approval of the tribunal or Mental Health Court, that is in force for limited community treatment for the client continues as if the authorisation, order or approval were given or made for the client, as a patient, under this Act.

(3) Without limiting subsection (1) or (2), for the purpose of giving effect to the applicable forensic order or authorisation, order or approval mentioned in subsection (2) while the client is detained in the health service, a person may exercise a power, and has the obligations, under this Act in relation to the client as if the client were a forensic patient.

(4) At the end of the client's period of detention in the health service under section 309B(2)—

(a) the Forensic Disability Act applies to the client; and
(b) the client—
(i) is to be detained in the forensic disability service under the applicable forensic order; or
(ii) may undertake any limited community treatment under an authorisation that is in force for the client under the Forensic Disability Act, section 20 or an order of the tribunal or Mental Health Court that is in force for the client.

(5) However, subsection (4) does not apply if the client is transferred to an authorised mental health service under the Forensic Disability Act, section 34.

(6) In this section—

applicable forensic order means the client's applicable forensic order within the meaning of the Forensic Disability Act.



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