Queensland Consolidated Acts Queensland Consolidated Actsadministrator, of an authorised mental health service or a high security unit part of an authorised mental health service, means the person declared, under section 497, to be the administrator for the health service or unit.
adult guardian means the Adult Guardian appointed under the Guardianship and Administration Act 2000.
agreement for assessment see section 49(b).
allied person, for an involuntary patient, means the person chosen under chapter 9, part 1, to be the patient's allied person for this Act.
ambulance officer means an ambulance officer appointed under the Ambulance Service Act 1991, section 13.
applicant's nominee—
(a) for chapter 7A, part 1—see section 318A; or
(b) for chapter 7A, part 2—see section 318M.
application documents, for a justices examination order, means the application for the order and any document filed or given with the application.
appointed person, for chapter 11, part 9, see section 429.
appropriately qualified, for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.
Example of standing—
a person's classification level in the public service
approved form means a form approved under section 421, 481 or 493.
approved officer means a person appointed as an approved officer under section 500, and includes the director.
assessment, of a person, means an assessment of the person under—
(a) chapter 2, part 4; or
(b) chapter 3, part 4; or
(c) section 116.
assessment criteria see section 13.
assessment documents for—
(a) chapter 2—see section 16; or
(b) chapter 3—see section 49.
assessment period means—
(a) initially, a period of not longer than 24 hours; or
(b) if that period is extended or further extended under section 47, the extended period.
assisting psychiatrist see section 390.
associate for—
(a) chapter 6, part 5A—see section 228B(1)(b); or
(b) chapter 7, part 8A—see section 313B(1)(b).
attendance notice see section 466.
audiovisual link facilities means facilities, including closed-circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.
authorised doctor, for an authorised mental health service, means a doctor who, under section 504, is or holds appointment as an authorised doctor for the health service.
authorised mental health practitioner means a health practitioner appointed as an authorised mental health practitioner under section 499.
authorised mental health service—
(a) generally—means a mental health service declared under section 495 to be an authorised mental health service; or
(b) for chapter 2—see section 15.
authorised officer, for a high security unit, means—
(a) a health practitioner providing mental health services at the unit; or
(b) a security officer for the unit.
authorised person for—
(a) chapter 10—see section 348;
(b) chapter 14, part 2—see section 510.
authorised psychiatrist means a psychiatrist who is an authorised doctor for an authorised mental health service.
brief of evidence means—
(a) a brief of evidence compiled by the prosecuting authority that includes any of the following—
(i) an indictment or bench charge sheets;
(ii) summaries or particulars of allegations;
(iii) witness statements;
(iv) exhibits;
(v) transcripts of proceedings;
(vi) a record of interview or transcript of a record of interview;
(vii) a person's criminal history; or
(b) an expert's report or medical record.
capacity, for a person, means the person is capable of—
(a) understanding the nature and effect of decisions about the person's assessment, treatment, care or choosing of an allied person; and
(b) freely and voluntarily making decisions about the person's assessment, treatment, care or choosing of an allied person; and
(c) communicating the decisions in some way.
care includes the provision of rehabilitation, habilitation, support and other services.
carer, of a patient, means a person who—
(a) provides domestic services and support to the patient; or
(b) arranges for the patient to be provided with domestic services and support.
category, of an involuntary treatment order, means in-patient category or community category decided under section 109.
change, a condition, includes impose a condition.
charge, for an indictable offence, includes committed for trial or sentence for the offence.
chief executive (forensic disability) means the chief executive of the department in which the Forensic Disability Act 2011 is administered.
chief executive for justice means the chief executive of the department in which the Criminal Code is administered.
chief executive for young people means the chief executive of the department for whom a representative may, under the Childrens Court Act 1992, section 20, be present at a proceeding before the Childrens Court in relation to a child.
child see Youth Justice Act 1992, schedule 4.
classified patient means a person who, under section 69, is a classified patient.
classified patient information, for chapter 7A, part 1, see section 318A.
classified patient information order see section 318C(1).
close friend, of a person, means a person with whom the first person has a close relationship.
commencement—
(a) for chapter 16, part 3—see section 589; or
(b) for chapter 16, part 4—see section 594.
complaint includes information and charge.
concerned person—
(a) for chapter 7, part 6, divisions 6 and 7—see section 284(1); or
(b) for chapter 12, part 6—see section 464(1).
confidentiality order, for—
(a) the Mental Health Court—see section 426(1); or
(b) the tribunal—see section 458.
contact a person, for chapter 6, part 5A or chapter 7, part 8A, means—
(a) intentionally initiate contact with the person in any way, including for example, by phone, mail, fax, email or other technology; or
(b) intentionally follow, loiter near, watch or approach the person; or
(c) intentionally loiter near, watch, approach or enter a place where the person lives, works or visits.
correctional officer means a corrective services officer under the Corrective Services Act 2006.
corresponding law means a law of another State that is declared under a regulation to be a corresponding law for this Act.
court includes justices conducting committal proceedings.
court assessment order see section 58.
court examination order see section 422(1).
court rule means a rule made under section 419.
criminal history, of a person, means the person's criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 and—
(a) despite sections 6, 8 and 9 of that Act, includes a conviction of the person to which any of the sections applies; and
(b) despite section 5 of that Act, includes a charge made against the person for an offence.
custodian, for a person in lawful custody, means the person having the custody of the person.
custodian's assessment authority see section 65(1).
custody order see section 299(b)(ii).
detention centre means a detention centre established under the Youth Justice Act 1992.
detention centre officer means a person authorised under the Youth Justice Act 1992, section 264, to exercise powers of a detention centre officer under this Act.
diminished responsibility means the state of abnormality of mind described in the Criminal Code, section 304A.
Editor's note—
The state of mind is described in the Criminal Code, section 304A(1)—
(1) When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, is at the time of doing the act or making the omission which causes death in such a state of abnormality of mind (whether arising from a condition of arrested or retarded development of mind or inherent causes or induced by disease or injury) as substantially to impair the person's capacity to understand what the person is doing, or the person's capacity to control the person's actions, or the person's capacity to know that the person ought not to do the act or make the omission, the person is guilty of manslaughter only.
director means the Director of Mental Health appointed under this Act.
director (forensic disability) means the director under the Forensic Disability Act.
director of public prosecutions means the Director of Public Prosecutions, or a deputy director of public prosecutions, appointed under the Director of Public Prosecutions Act 1984.
direct victim, of an alleged offence, means a person against whom the alleged offence was allegedly committed.
electroconvulsive therapy means the application of electric current to specific areas of the head to produce a generalised seizure that is modified by general anaesthesia and the administration of a muscle relaxing agent.
eligible person, for chapter 7A, part 2, see section 318M.
emergency examination order means—
(a) an emergency examination order (police or ambulance officer); or
(b) an emergency examination order (psychiatrist).
emergency examination order (police or ambulance officer) see section 35(1).
emergency examination order (psychiatrist) see section 38(1).
entry, of a person to a high security unit, includes re-entry to the unit.
examination order means a justices or emergency examination order.
examination time see sections 36(1) and 40(1).
examining practitioner see section 422(1).
executive officer means the executive officer of the tribunal.
expert's report, for chapter 7, part 9, see section 314.
fit for trial, for a person, means fit to plead at the person's trial and to instruct counsel and endure the person's trial, with serious adverse consequences to the person's mental condition unlikely.
force, for taking a person to an authorised mental health service, includes the use of physical restraint.
Forensic Disability Act means the Forensic Disability Act 2011.
forensic disability client see the Forensic Disability Act, section 10.
forensic disability service means the forensic disability service under the Forensic Disability Act.
forensic information, for chapter 7A, part 2, see section 318M.
forensic information order see section 318O(1).
forensic order means—
(a) a forensic order (Criminal Code); or
(b) a forensic order (Mental Health Court); or
(c) a forensic order (Mental Health Court—Disability); or
(d) a forensic order (Minister).
forensic order (Criminal Code) see section 299(b)(i).
forensic order (Mental Health Court) see section 288(2) and (3).
forensic order (Mental Health Court—Disability) see section 288(2) and (3).
forensic order (Minister) see section 302(2).
forensic patient means a person who is, or is liable to be, detained in an authorised mental health service under a forensic order.
guardian means a person who is recognised in law as having all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children.
harmful thing means anything—
(a) that may be used to—
(i) threaten the security or good order of an authorised mental health service; or
(ii) threaten a person's health or safety; or
(b) that, if used by a patient in an authorised mental health service, is likely to adversely affect the patient's treatment or care.
Examples of harmful things—
1 a gun or replica of a gun
2 a dangerous drug
3 alcohol
4 medication
health practitioner means—
(a) a doctor, registered nurse, occupational therapist or psychologist or a social worker engaged in providing health services; or
(b) a person appointed under section 505A(1).
health service means a service for maintaining, improving and restoring people's health and wellbeing, and includes a community health facility.
health service employee, for an authorised mental health service, means—
(a) a health practitioner employed at the health service; or
(b) a person employed at the health service to perform administrative functions relating to the assessment, treatment or care of persons who have mental illnesses.
hearing, means—
(a) for the tribunal—
(i) the hearing for a review, treatment application or application for a forensic information order; or
(ii) the hearing of an application for approval for a patient to move out of Queensland; or
(iii) the hearing of an appeal against a decision to exclude a visitor from an authorised mental health service; or
(iv) the hearing of an appeal against a decision to refuse to allow a person to visit a forensic disability client in the forensic disability service; or
(v) the hearing of an application for a transfer order; or
(vi) the hearing of an application for an order for the transfer of a forensic disability client from the forensic disability service to an authorised mental health service; or
(b) for the Mental Health Court—
(i) the hearing of an appeal against a decision of the tribunal under chapter 5, part 1, division 2A for a transfer order for a patient; or
(ii) the hearing of an appeal against a review decision or a treatment application; or
(iii) the hearing of a reference or withdrawal of a reference; or
(iv) the hearing of an application under section 607 to change a patient's forensic order (Mental Health Court) to a forensic order (Mental Health Court—Disability).
high security unit means a public sector mental health service, or part of a public sector mental health service, declared under section 496 to be a high security unit.
immediate family member, of a direct victim of an alleged offence, means the direct victim's spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent, guardian or personal guardian.
informed consent means consent under chapter 4, part 3, division 1.
inspect, a thing, includes open the thing and examine its contents.
intellectual disability includes a cognitive disability.
interested person, for a non-contact order, means any of the following persons named in the order—
(a) a person in whose favour the order is made;
(b) the person against whom the order is made.
interstate agreement means an agreement under section 176.
interstate authority, for an interstate mental health service, means a person performing a similar or corresponding function to the administrator of an authorised mental health service.
interstate mental health service means a health service in which a person in a participating State may be detained under a corresponding law of that State.
interstate order, means an order under a corresponding law of another State that is declared under a regulation to be an interstate order for this Act.
involuntary patient means a person—
(a) who is, or is liable to be, detained, under chapter 2, part 4, in an authorised mental health service for assessment; or
(b) for whom an involuntary treatment order is in force; or
(c) who is a classified or forensic patient.
involuntary treatment order see section 108(1).
justice of the peace means a justice of the peace (magistrates court) or a justice of the peace (qualified) under the Justices of the Peace and Commissioners for Declarations Act 1991.
justices examination order see section 27(1).
less restrictive, for assessment, treatment or care of an involuntary patient, means assessment, treatment or care of the level that—
(a) maximises the opportunity for positive outcomes; and
(b) ensures the protection of the patient and the community; and
(c) having regard to paragraphs (a) and (b), imposes the minimum limits on the freedom of the patient.
limited community treatment, for a patient, means undertaking some treatment or care in the community other than under the community category of an involuntary treatment order.
mechanical restraint see section 162A.
member means a member of the tribunal, and includes the president.
Mental Health Court means the Mental Health Court established under section 381(1).
mental illness see section 12.
non-contact order means an order in force under chapter 6, part 5A or chapter 7, part 8A, and includes an order of a Magistrates Court varying a non-contact order.
obstruct includes hinder, resist and attempt to obstruct.
occupational therapist means a person registered under the Occupational Therapists Registration Act 2001.
occupier, of place, includes the person apparently in charge of the place.
offence for—
(a) chapter 3, part 2, division 2—see section 60; or
(b) chapter 7—see section 235.
original psychiatrist's report, for chapter 7, see section 235.
parole means parole under the Corrective Services Act 2006, chapter 5, part 1, and for a child includes release under a supervised release order under the Youth Justice Act 1992, section 228.
participating State means a State—
(a) in which a corresponding law is in force; and
(b) with which an interstate agreement is in force.
party means—
(a) for an appeal to the tribunal against a decision of the administrator of an authorised mental health service under chapter 10, part 4 to refuse to allow a person to visit a patient in the health service—the appellant or the administrator of the health service; or
(b) for an appeal to the tribunal against a decision of the administrator of the forensic disability service under the Forensic Disability Act to refuse to allow a person to visit a forensic disability client in that service—the appellant or the administrator of that service; or
(c) for another proceeding in the tribunal—a person who, under chapter 12, part 4, has a right to appear in person at the hearing of the proceeding, regardless of whether the person appears or is represented at the hearing; or
(d) for a proceeding in the Mental Health Court on an appeal against a review decision, a decision on a treatment application, a decision under chapter 5, part 1, division 2A for a transfer order for a patient or a decision on an application under that part, division 3 for approval that a patient move out of Queensland—
(i) a party to the proceeding in the tribunal for the review or application; or
(ii) the director, if the director is the appellant or elects to become a party to the proceeding; or
(e) for a proceeding in the Mental Health Court on an appeal against a decision on an application under chapter 5, part 1, division 2A for an order for the transfer of a forensic disability client from the forensic disability service to an authorised mental health service—
(i) a party to the proceeding in the tribunal for the application; or
(ii) the director, if the director is the appellant or elects to become a party to the proceeding; or
(iii) the director (forensic disability), if that director elects to become a party to the proceeding; or
(f) for a proceeding in the Mental Health Court on a reference not mentioned in paragraph (g)—
(i) the person the subject of the reference; or
(ii) the director; or
(iii) the director of public prosecutions; or
(g) for a proceeding in the Mental Health Court on a reference about a person who has an intellectual disability—
(i) the person the subject of the reference; or
(ii) the director, if the director elects to become a party to the proceeding; or
(iii) the director (forensic disability), if that director elects to become a party to the proceeding; or
(iv) the director of public prosecutions; or
(h) for a proceeding in the Mental Health Court on an application to withdraw a reference—the parties to the proceeding for the reference; or
(i) for a proceeding in the Mental Health Court on an application to inquire into a patient's detention in an authorised mental health service—
(i) the patient; or
(ii) the applicant; or
(iii) the director; or
(j) for a proceeding in the Mental Health Court on an application to inquire into a forensic disability client's detention in the forensic disability service—
(i) the forensic disability client; or
(ii) the applicant; or
(iii) the director (forensic disability); or
(k) for a proceeding in the Mental Health Court on an application under section 607 to change a person's forensic order (Mental Health Court) to a forensic order (Mental Health Court—Disability)—
(i) the person to whom the existing forensic order relates, or someone else on behalf of the person; or
(ii) the director; or
(iii) the director (forensic disability); or
(iv) the director and the director (forensic disability) acting jointly; or
(v) the Attorney-General.
patient—
(a) for chapter 8, part 1—see section 318ZC; or
(b) for chapter 10, part 3—see section 351; or
(c) for chapter 14, part 2—see section 510; or
(d) for chapter 14, part 6—see section 531; or
(e) elsewhere—means—
(i) an involuntary patient; or
(ii) a person detained or liable to be detained in an authorised mental health service under a court order under section 101(2), 273(1)(b) or 337(6).
personal attorney means an attorney for a personal matter under the Powers of Attorney Act 1998.
personal guardian means a guardian for a personal matter under the Guardianship and Administration Act 2000.
personal offence means an indictable offence committed, or alleged to have been committed, against the person of someone.
person in lawful custody means—
(a) a person who is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64(3); or
(b) a person who is detained in lawful custody on a charge of an offence or awaiting sentence on conviction of an offence; or
(c) a person who is serving a sentence of imprisonment or period of detention under a court order and is not released on parole.
place includes the following—
(a) vacant land;
(b) premises;
(c) a vehicle;
(d) a boat;
(e) an aircraft.
postal article includes a postal article carried by a courier service.
post-amended Act—
(a) for chapter 16, part 3—see section 589; or
(b) for chapter 16, part 4—see section 594.
pre-amended Act—
(a) for chapter 16, part 3—see section 589; or
(b) for chapter 16, part 4—see section 594.
premises includes the following—
(a) a building or structure of any kind;
(b) part of a building or structure of any kind;
(c) the land on which a building or structure is situated.
president means the president of the tribunal.
presiding member, for a tribunal hearing, means the tribunal member who, under section 449 is the presiding member of the tribunal for the hearing.
proceeding means—
(a) for a provision relating to the Mental Health Court—a proceeding in the court; or
(b) for a provision relating to the tribunal—a proceeding in the tribunal.
prosecuting authority, for an offence, means the commissioner of the police service, director of public prosecutions or other entity responsible for prosecuting the proceeding for the offence.
psychiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of psychiatry, other than as a student.
psychiatrist's report, for chapter 7, part 3, see section 245B.
psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.
psychosurgery means a neurosurgical procedure to diagnose or treat a mental illness, but does not include a surgical procedure for treating epilepsy, Parkinson's disease or another neurological disorder.
public place means any place the public is entitled to use or is open to, or used by, the public (whether or not on payment of an admission fee).
public sector health service see Health Services Act 1991, section 2.
public sector hospital see Health Services Act 1991, section 2.
public sector mental health service means an authorised mental health service that is a public sector health service.
publish means publish to the public by way of television, newspaper, radio, the internet or other form of communication.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
recommendation for assessment for—
(a) chapter 2—see section 16(b); or
(b) chapter 3—see section 49(a).
reference means a reference, under section 62, 240, 247 or 257, to the Mental Health Court of a person's mental condition relating to an offence.
registered nurse means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and
(b) in the registered nurses division of that profession.
registrar means the registrar of the Mental Health Court.
registry means the Mental Health Court Registry.
relative, of a person, means—
(a) the person's spouse; or
(b) a child, grandchild, parent, brother, sister, grandparent, aunt or uncle (whether of whole or half-blood) of the person or the person's spouse.
relevant offence, for chapter 6, part 4, see section 208.
report, for chapter 14, part 5, see section 523.
request for assessment see section 16(a).
review means a review by the tribunal under chapter 6.
review decision means a decision on a review.
searcher, for chapter 10, part 3, see section 357(1).
seclusion see section 162J.
section 613 finding see section 299(a)(i).
section 645 finding see section 299(a)(ii).
section 647 finding see section 299(a)(iii).
security officer, for a high security unit, means a person appointed to an office at the unit to provide security services, regardless of how the person's office is described.
seizure provisions, for chapter 10, see section 348.
senior registered nurse on duty, for a patient in an in-patient facility of an authorised mental health service, means the senior registered nurse on duty in the ward in which the patient is being treated.
special notification forensic patient see section 305A.
statement of rights see section 344(1).
transfer order, other than in sections 126, 165 and 166, means an order made by—
(a) the director under section 169A or 602; or
(b) the tribunal or the Mental Health Court;
for the transfer of a patient from an authorised mental health service to the forensic disability service.
treating health service, for a patient, means—
(a) the authorised mental health service stated in—
(i) the involuntary treatment order for the patient; or
(ii) the court assessment order or custodian's authority for assessment for the patient; or
(iii) the forensic order for the patient; or
(iv) the court order for the patient under section 101(2), 273(1)(b) or 337(6); or
(vi) if a court examination order is in force for the patient—the order; or
(b) another authorised mental health service to which the patient is transferred.
treatment, of a person who has a mental illness, means anything done, or to be done, with the intention of having a therapeutic effect on the person's illness.
treatment application means an application under chapter 6, part 6, for approval for treatment of a person.
treatment criteria see section 14.
treatment plan, for an involuntary patient, means the treatment plan prepared under chapter 4, part 2, for the patient.
tribunal means the Mental Health Review Tribunal established under section 436(1).
tribunal rule means a rule made under section 479.
unlawfully means without authority under this Act or other legal authority, justification or excuse.
unsound mind means the state of mental disease or natural mental infirmity described in the Criminal Code, section 27, but does not include a state of mind resulting, to any extent, from intentional intoxication or stupefaction alone or in combination with some other agent at or about the time of the alleged offence.
Editor's note—
Criminal Code, section 27—
young patient means an involuntary patient who is under 17 years.
young person means an individual who is under 17 years.
victim, of an alleged offence, means—
(a) a direct victim of the alleged offence; or
(b) an immediate family member of a direct victim of the alleged offence.
visitor means a person who—
(a) is visiting a high security unit or a patient in a high security unit; or
(b) seeks entry to a high security unit.