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MENTAL HEALTH ACT 2016


- As at 25 May 2020 
- Act 5 of 2016 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Main objects of Act
   4.      Act binds all persons

   PART 2 - PRINCIPLES FOR ADMINISTRATION OF ACT

   5.      Principles for persons with mental illness
   6.      Principles for victims and others
   7.      Regard to principles
   8.      Application to person with intellectual disability

   PART 3 - INTERPRETATION

   9.      Definitions
   10.     Meaning of mental illness
   11.     Meaning of involuntary patient
   12.     Meaning of treatment criteria
   13.     Meaning of less restrictive way
   14.     Meaning of capacity to consent to be treated
   15.     Responsibility for involuntary patient or forensic disability client
   16.     Purpose of limited community treatment

   PART 4 - OVERVIEW OF ACT

   17.     Purpose of pt 4
   18.     Treatment authorities
   19.     Persons in custody
   20.     Psychiatrist reports
   21.     Mental Health Court
   22.     Magistrates Courts
   23.     Treatment and care of patients
   24.     Mechanical restraint, seclusion, physical restraint and other practices
   25.     Rights of patients
   26.     Chief psychiatrist
   27.     Information notices
   28.     Mental Health Review Tribunal
   29.     Appeals

CHAPTER 2 - MAKING OF TREATMENT AUTHORITIES AFTER EXAMINATION AND ASSESSMENT

   PART 1 - PRELIMINARY

   30.     Purpose of ch 2

   PART 2 - EXAMINATIONS AND RECOMMENDATIONS FOR ASSESSMENT

           Division 1 - Examinations generally

   31.     Examination

           Division 2 - Powers under examination authorities

   32.     Powers of doctor or authorised mental health practitioner
   33.     Reasonable help and force to exercise powers
   34.     Asking police officer for help
   35.     Action before exercising powers

           Division 3 - Detention of particular persons to make recommendation for assessment

   36.     Powers of doctor or authorised mental health practitioner
   37.     Reasonable help and force to exercise powers
   38.     Action before exercising powers

           Division 4 - Recommendations for assessment

   39.     Making recommendation for assessment
   40.     Notice of making
   41.     Duration
   42.     Revocation

   PART 3 - ASSESSMENTS

   43.     Making assessment
   44.     Where and how person may be assessed
   45.     Detention for assessment
   46.     Start of assessment period to be noted
   47.     Explaining decision not to make treatment authority

   PART 4 - TREATMENT AUTHORITIES

   48.     Application of pt 4
   49.     Making treatment authority
   50.     Form of treatment authority
   51.     Category
   52.     Limited community treatment
   53.     Nature and extent of treatment and care
   54.     When advance health directive not followed
   55.     Notice of making
   56.     Review of treatment authority if not made by psychiatrist
   57.     Decision on review
   58.     Notice about review
   59.     Date for first assessment
   60.     Relationship with forensic order (disability)

CHAPTER 3 - PERSONS IN CUSTODY

   PART 1 - PRELIMINARY

   61.     Purpose of ch 3
   62.     Definitions for ch 3
   63.     Meaning of person in custody
   64.     Meaning of classified patient

   PART 2 - TRANSPORT OF PERSONS IN CUSTODY TO AUTHORISED MENTAL HEALTH SERVICES

   65.     Transport for assessment
   66.     Transport for treatment and care under treatment authority or particular orders
   67.     Transport for treatment and care by consent
   68.     Transfer recommendation
   69.     Administrator consent
   70.     Prior approval of chief psychiatrist for transport of minor to high security unit
   71.     Custodian consent
   72.     Notice to chief psychiatrist if person in custody not transported within 72 hours
   73.     Chief psychiatrist consent for transport

   PART 3 - PERSONS IN CUSTODY REMAINING IN AUTHORISED MENTAL HEALTH SERVICES

   74.     Person subject to examination order or court examination order remaining in authorised mental health service

   PART 4 - REQUIREMENTS APPLYING WHEN PERSON IN CUSTODY BECOMES CLASSIFIED PATIENT
   Note—

   75.     Explanation to person in custody who becomes classified patient
   76.     Notice to chief psychiatrist of person in custody becoming classified patient
   77.     Notice to tribunal of minor in custody becoming classified patient in high security unit
   78.     Examination of classified patient under s 201
   79.     Classified patient (involuntary) may become classified patient (voluntary)
   80.     Notice to chief psychiatrist if classified patient (voluntary) withdraws consent

   PART 5 - RETURN TO CUSTODY, OR RELEASE FROM DETENTION IN AUTHORISED MENTAL HEALTH SERVICE, OF CLASSIFIED PATIENT

   81.     Notice to chief psychiatrist of notice event
   82.     Chief psychiatrist may decide to return classified patient to place of custody
   83.     Return of classified patient to custody
   84.     Person stops being classified patient if Mental Health Court makes decision on reference
   85.     Release of classified patient

CHAPTER 4 - PSYCHIATRIST REPORTS FOR SERIOUS OFFENCES

   PART 1 - PRELIMINARY

   86.     Purpose of ch 4
   87.     Definitions for ch 4

   PART 2 - PSYCHIATRIST REPORT ON REQUEST

   88.     Application of pt 2
   89.     Administrator must explain effect of request
   90.     Request for psychiatrist report
   91.     Direction to prepare psychiatrist report

   PART 3 - PSYCHIATRIST REPORT ON CHIEF PSYCHIATRIST’S OWN INITIATIVE

   92.     Application of pt 3
   93.     Direction to prepare psychiatrist report
   94.     Notice of direction

   PART 4 - PREPARATION OF PSYCHIATRIST REPORTS
   Note—

   95.     Authorised psychiatrist must prepare psychiatrist report
   96.     Information from prosecuting authority
   97.     Support person
   98.     Person must participate in examination in good faith—report on request
   99.     Person must attend examination—report on chief psychiatrist’s initiative
   100.    Second psychiatrist report

   PART 5 - REFERENCES BY CHIEF PSYCHIATRIST

   101.    Reference by chief psychiatrist to Mental Health Court

   PART 6 - MISCELLANEOUS

   102.    Copies of reports
   103.    Chapter stops applying to person if prosecution for offence discontinued
   104.    Application of chapter to person with intellectual disability

CHAPTER 5 - MENTAL HEALTH COURT REFERENCES
           Note—

   PART 1 - PRELIMINARY

   105.    Purpose of ch 5
   106.    Definitions for ch 5
   107.    Meaning of associated offence
   108.    Meaning of diminished responsibility
   109.    Meaning of unsound mind

   PART 2 - MAKING OF REFERENCES BY PARTICULAR PERSONS

   110.    When reference may be made
   111.    How reference is made

   PART 3 - PROCEEDINGS FOR REFERENCES
   Note—

           Division 1 - Preliminary

   112.    Application of pt 3

           Division 2 - Notice requirements etc.

   113.    Notice of reference
   114.    Parties to proceeding
   115.    Notice of hearing

           Division 3 - Particular decisions

   116.    Decision about unsoundness of mind and diminished responsibility
   117.    Substantial dispute about whether person committed offence
   118.    Decision about fitness for trial

           Division 4 - Procedural provisions

   119.    Unsound mind—discontinuance of proceeding
   120.    Diminished responsibility—discontinuance of proceeding
   121.    Temporary unfitness for trial—stay of proceeding
   122.    Permanent unfitness for trial—discontinuance of proceeding
   123.    Fit for trial—continuation of proceeding
   124.    Related orders if person fit for trial

           Division 5 - Withdrawal of particular references

   125.    Application of div 5
   126.    Application to withdraw reference
   127.    Notices if application to withdraw filed
   128.    Decision on application

   PART 4 - FORENSIC ORDERS AND TREATMENT SUPPORT ORDERS

           Division 1 - Preliminary

   129.    Definition for pt 4
   130.    Explanation about operation of forensic orders and treatment support orders
   131.    Orders if unsound mind or permanent unfitness for trial
   132.    Orders if temporary unfitness for trial
   133.    Matters to which Mental Health Court must have regard

           Division 2 - Forensic orders

              Subdivision 1 - Making of forensic orders

   134.    Requirements for making forensic order
   135.    Conditions
   136.    Recommendations about intervention programs
   137.    Non-revocation period

              Subdivision 2 - Treatment in the community

   138.    Mental Health Court to decide category
   139.    Inpatient category
   140.    Community category

              Subdivision 3 - Other provisions

   141.    When category of forensic order (disability) may be described as residential
   142.    Admission to high security unit—stay of order

           Division 3 - Treatment support orders

              Subdivision 1 - Making of treatment support orders

   143.    Requirements for making treatment support order
   144.    Conditions

              Subdivision 2 - Treatment in the community

   145.    Mental Health Court to decide category and community treatment

           Division 4 - Responsibility for treatment and care

   146.    Responsibility for person subject to forensic order (mental health) or treatment support order
   147.    Responsibility for person subject to forensic order (disability)
   148.    Certificate of forensic disability service availability

           Division 5 - Transport

   149.    Transport to authorised mental health service
   150.    Transport to forensic disability service

           Division 6 - Other provisions

   151.    Matters authorised by forensic order (mental health) or treatment support order
   152.    Matters authorised by forensic orders (disability)
   153.    Status of forensic order or treatment support order if amended
   154.    Ending of order made because of temporary unfitness for trial

   PART 5 - OTHER PROVISIONS

           Division 1 - Notice of decisions and orders

   155.    Notice of decisions and orders

           Division 2 - Admissibility and use of evidence

   156.    Definition for div 2
   157.    Admissibility of expert’s report at trial
   158.    Particular statements not admissible
   159.    Issue of mental condition may be raised at trial
   160.    Other use of expert’s report

           Division 3 - Victim impact statements

   161.    Application of div 3
   162.    Preparation of victim impact statement
   163.    Production of victim impact statement by prosecuting authority
   164.    Restrictions on disclosing victim impact statement
   165.    Use of victim impact statement by Mental Health Court

           Division 4 - Persons subject to existing orders or authorities

   166.    Person subject to existing forensic order
   167.    Person subject to existing treatment authority or treatment support order
           167A . Person subject to existing treatment support order

           Division 5 - Miscellaneous

   168.    Relationship with ch 16, pt 1

CHAPTER 6 - POWERS OF COURTS HEARING CRIMINAL PROCEEDINGS AND RELATED PROCESSES

   PART 1 - PRELIMINARY

   169.    Purpose of ch 6
   170.    Childrens Court

   PART 2 - MAGISTRATES COURTS

           Division 1 - General

   171.    Definition for div 1
   172.    Power to dismiss complaint—unsound mind or unfitness for trial
   173.    Power to adjourn hearing of complaint—temporary unfitness for trial
   174.    Power to refer person to appropriate agency or entity

           Division 2 - References to Mental Health Court

   175.    When reference may be made
   176.    How reference is made

           Division 3 - Examination orders

   177.    Power to make examination order for person charged with simple offence
   178.    Examination of person
   179.    Examination report
   180.    Admissibility of examination report at trial
           180A . Particular statements not admissible
           180B . Other use of examination report and particular statements

   PART 3 - SUPREME COURT AND DISTRICT COURT

           Division 1 - Making reference to Mental Health Court if person pleads guilty to indictable offence

   181.    Application of div 1
   182.    Power to order plea of not guilty
   183.    Power to make reference to Mental Health Court and related orders
   184.    How reference to Mental Health Court is made
   185.    Persons who may give agreement for detention
   186.    Agreement for detention—administrator
   187.    Agreement for detention—chief psychiatrist
   188.    Effect of order for detention

           Division 2 - Forensic orders (Criminal Code)

   189.    Application of div 2
   190.    Registrar of court to give notice of order
   191.    Power to transport person to authorised mental health service

   PART 4 - DETENTION IN AUTHORISED MENTAL HEALTH SERVICE DURING TRIAL

   192.    Definition for pt 4
   193.    Power to order person’s detention in authorised mental health service
   194.    Persons who may give agreement for detention
   195.    Agreement for detention—administrator
   196.    Agreement for detention—chief psychiatrist
   197.    Effect of order for detention

CHAPTER 7 - TREATMENT AND CARE OF PATIENTS

   PART 1 - PRELIMINARY

   198.    Purpose of ch 7
   199.    Relationship between this Act and custodial status of particular patients

   PART 2 - RESPONSIBILITY TO PROVIDE TREATMENT AND CARE

   200.    Application of pt 2
   201.    Examination of patient for purpose of providing treatment and care
   202.    Authorised doctor’s responsibilities for treatment and care
   203.    Administrator’s responsibilities for treatment and care

   PART 3 - PATIENTS SUBJECT TO TREATMENT AUTHORITIES

           Division 1 - Preliminary

   204.    Application of pt 3

           Division 2 - Regular assessment

   205.    Authorised doctor must assess patient

           Division 3 - Actions that may be taken after assessment

   206.    Authorised doctor may revoke treatment authority
   207.    Authorised psychiatrist may revoke treatment authority if patient missing
   208.    Chief psychiatrist may revoke treatment authority
   209.    Amendment of treatment authority to change category, limited community treatment or conditions
   210.    Amendment of treatment authority to change category to inpatient

   PART 4 - PATIENTS SUBJECT TO FORENSIC ORDERS

   211.    Application of pt 4
   212.    Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions
   213.    Amendment of forensic order to change category to inpatient
   214.    Limited community treatment for patient subject to forensic order (Criminal Code)

   PART 5 - PATIENTS SUBJECT TO TREATMENT SUPPORT ORDERS

   215.    Application of pt 5
   216.    Amendment of treatment support order to change category, limited community treatment or conditions
   217.    Amendment of treatment support order to change category to inpatient

   PART 6 - CLASSIFIED PATIENTS AND PATIENTS SUBJECT TO JUDICIAL ORDERS

   218.    Application of pt 6
   219.    Authorisation of limited community treatment

   PART 7 - OBLIGATIONS IN RELATION TO TREATMENT IN THE COMMUNITY

   220.    Patient’s obligations to be recorded and explained
   221.    Chief psychiatrist may approve temporary absence

   PART 8 - ADVANCE HEALTH DIRECTIVES, NOMINATED SUPPORT PERSONS AND RECORDS SYSTEM

           Division 1 - Advance health directives

   222.    Advance health directive may include views about treatment and care

           Division 2 - Nominated support persons

   223.    Who is a nominated support person
   224.    Functions of nominated support person

           Division 3 - Records system

   225.    Chief psychiatrist to maintain records system
   226.    Request to keep record
   227.    Requirement to give notice—matters relating to advance health directive or enduring power of attorney
   228.    Requirement to give notice—revocation of appointment of nominated support person
   229.    Requirement to give notice—resignation of nominated support person
   230.    Copy in records system is proof

   PART 9 - REPORTING ON MINORS ADMITTED TO PARTICULAR AUTHORISED MENTAL HEALTH SERVICES

   231.    Obligation to notify public guardian

   PART 10 - REGULATED TREATMENT

           Division 1 - Preliminary

   232.    Meaning of regulated treatment

           Division 2 - Informed consent

   233.    Requirements for informed consent
   234.    Explanation to be given

           Division 3 - Electroconvulsive therapy

   235.    Offence to perform electroconvulsive therapy
   236.    Performance of electroconvulsive therapy with consent or tribunal approval
   237.    Performance of electroconvulsive therapy in emergency

           Division 4 - Non-ablative neurosurgical procedures

   238.    Offence to perform non-ablative neurosurgical procedure
   239.    Performance of non-ablative neurosurgical procedure with consent and tribunal approval

   PART 11 - PROHIBITED TREATMENT

   240.    Particular therapies prohibited
   241.    Psychosurgery prohibited

CHAPTER 8 - USE OF MECHANICAL RESTRAINT, SECLUSION, PHYSICAL RESTRAINT AND OTHER PRACTICES

   PART 1 - PRELIMINARY

   242.    Purpose of ch 8
   243.    Definitions for ch 8

   PART 2 - MECHANICAL RESTRAINT

           Division 1 - Preliminary

   244.    Meaning of mechanical restraint
   245.    Offence

           Division 2 - Authorised mechanical restraint

   246.    Requirements for use of mechanical restraint on relevant patients
   247.    Application for chief psychiatrist’s approval
   248.    Chief psychiatrist may require amendment of application to include reduction and elimination plan
   249.    Chief psychiatrist may approve authorisation of use of mechanical restraint
   250.    Authorisation of use of mechanical restraint by authorised doctor
   251.    Duties of health practitioner in charge of unit
   252.    Removal of mechanical restraint before authorisation ends
   253.    Reuse of mechanical restraint

   PART 3 - SECLUSION

           Division 1 - Preliminary

   254.    Meaning of seclusion
   255.    Offence

           Division 2 - Authorised seclusion

   256.    Requirements for seclusion of relevant patients
   257.    Chief psychiatrist may give written direction about seclusion
   258.    Authorisation of seclusion by authorised doctor
   259.    Extension of period of seclusion
   260.    Duties of health practitioner in charge of unit
   261.    Removal from seclusion before authorisation ends
   262.    Return to seclusion after removal

           Division 3 - Emergency seclusion

   263.    Requirements for emergency seclusion by health practitioner in charge of unit

   PART 4 - REDUCTION AND ELIMINATION PLANS

   264.    What is a reduction and elimination plan
   265.    Content of plan
   266.    Application for chief psychiatrist’s approval of plan
   267.    Chief psychiatrist may approve plan

   PART 5 - PHYSICAL RESTRAINT AND CLINICAL NEED FOR MEDICATION

           Division 1 - Physical restraint

   268.    Meaning of physical restraint
   269.    Offence
   270.    Requirements for use of physical restraint

           Division 2 - Clinical need for medication

   271.    Meaning of medication
   272.    Offence

   PART 6 - MISCELLANEOUS

   273.    Chief psychiatrist must make policy
   274.    Obligation to notify public guardian of treatment of minors

CHAPTER 9 - RIGHTS OF PATIENTS AND OTHERS

   PART 1 - PRELIMINARY

   275.    Purpose of ch 9
   276.    Definition for ch 9

   PART 2 - STATEMENT OF RIGHTS

   277.    Preparing statement of rights
   278.    Giving statement of rights to patients and others
   279.    Display of signs

   PART 3 - RIGHTS OF PATIENTS

   280.    Definition for pt 3
   281.    Visits by nominated support persons, family, carers and other support persons
   282.    Visits by health practitioners
   283.    Visits by legal or other advisers
   284.    Communication with others
   285.    Information about treatment and care
   286.    Understanding of oral information
   287.    Written notices to be given to nominated support persons and others
   288.    Communication about patient with others
   289.    Disclosure of confidential information under Hospital and Health Boards Act not limited
   290.    Second opinion about treatment and care

   PART 4 - ROLES AND RESPONSIBILITIES OF NOMINATED SUPPORT PERSONS, FAMILY, CARERS AND OTHER SUPPORT PERSONS

   291.    Roles
   292.    Responsibilities

   PART 5 - INDEPENDENT PATIENT RIGHTS ADVISERS

   293.    Appointment
   294.    Functions
   295.    Independence

CHAPTER 10 - CHIEF PSYCHIATRIST

   PART 1 - PRELIMINARY

   296.    Purpose of ch 10
   297.    Definition for ch 10

   PART 2 - APPOINTMENT, FUNCTIONS AND POWERS

   298.    Appointment
   299.    Resignation
   300.    Termination of appointment
   301.    Functions and powers
   302.    Independence of chief psychiatrist
   303.    Delegation
   304.    Power to require administrator to give documents or information

   PART 3 - POLICIES, PRACTICE GUIDELINES AND ANNUAL REPORT

   305.    Making policies or practice guidelines
   306.    Publication of policies and practice guidelines
   307.    Annual report

   PART 4 - INVESTIGATIONS

   308.    Chief psychiatrist may investigate
   309.    Investigation report
   310.    Recommendations for improvement

   PART 5 - SERIOUS RISKS TO PERSONS OR PUBLIC SAFETY

   311.    Purpose of pt 5
   312.    Minister may direct chief psychiatrist to review matter
   313.    Actions chief psychiatrist may take
   314.    Chief psychiatrist’s order
   315.    Chief psychiatrist may vary period or end order

   PART 6 - INFORMATION NOTICES

           Division 1 - Preliminary

   316.    Purpose of pt 6
   317.    Definitions for pt 6

           Division 2 - Application, amendment and revocation

   318.    Application
   319.    Decision on application
   320.    Right to receive information under notice
   321.    Amendment of notice to change applicant’s nominee
   322.    Mandatory revocation
   323.    Discretionary revocation

           Division 3 - Miscellaneous

   324.    Tribunal must give particular information to chief psychiatrist about relevant patient
   325.    Telling relevant patient about information notice
   326.    Misuse of information made available under an information notice
   327.    Application of part to forensic disability client

CHAPTER 11 - AUTHORISED MENTAL HEALTH SERVICES

   PART 1 - PRELIMINARY

   328.    Purpose of ch 11

   PART 2 - DECLARATION OF AUTHORISED MENTAL HEALTH SERVICES

   329.    Declaration of authorised mental health service
   330.    Declaration of high security unit
   331.    Declaration of authorised mental health service (rural and remote)

   PART 3 - ADMINISTRATORS OF AUTHORISED MENTAL HEALTH SERVICES

   332.    Appointment
   333.    Functions
   334.    Powers
   335.    Register of authorised doctors and authorised mental health practitioners
   336.    Record of relevant patients
   337.    Delegation

   PART 4 - AUTHORISED DOCTORS AND AUTHORISED MENTAL HEALTH PRACTITIONERS

           Division 1 - Appointment, functions and powers

   338.    Appointment of authorised doctor
   339.    When administrator is authorised doctor
   340.    Appointment of authorised mental health practitioner
   341.    Appointment of health practitioner to perform particular functions of authorised doctor
   342.    Appointment conditions and limit on powers
   343.    When office ends
   344.    Functions and powers
   345.    Requirement to give notice of particular decisions

           Division 2 - Identity cards

   346.    Issue of identity card
   347.    Production or display of identity card
   348.    Return of identity card

   PART 5 - TRANSFER OF PATIENTS

           Division 1 - Preliminary

   349.    Purpose of pt 5
   350.    Definition for pt 5

           Division 2 - Authorised mental health service transfers

   351.    Transfer between services by agreement of administrators
   352.    Transfer between services by requirement of chief psychiatrist

           Division 3 - Forensic disability service transfers

   353.    Transfer between authorised mental health service and forensic disability service

           Division 4 - Interstate transfers

   354.    Transfer of person subject to treatment authority to another State
   355.    Transfer of person subject to interstate order from another State

           Division 5 - General provisions

   356.    Responsibility for person
   357.    Power to transport
   358.    Notice to tribunal

   PART 6 - TRANSPORT OF PERSONS

           Division 1 - Preliminary

   359.    Who is an authorised person

           Division 2 - Transport of persons within and to and from authorised mental health services and other particular places

   360.    Transport within authorised mental health service
   361.    Transport to or from authorised mental health service and other particular places
   362.    Taking person after treatment and care to person’s requested place

           Division 3 - Transport of absent persons

   363.    Application of div 3
   364.    Particular persons may require return of absent person
   365.    Limitation on requirement to return particular absent persons
   366.    Authorised person may transport absent person
   367.    Effect on assessment period

           Division 4 - Transport of persons to and from interstate mental health services

   368.    Apprehension of person absent from interstate mental health service
   369.    Transport of person in Queensland to interstate mental health service
   370.    Transport of person outside Queensland to authorised mental health service
   371.    Making of emergency examination authority

           Division 5 - Transport powers

   372.    Application of div 5
   373.    Power to detain
   374.    Power to administer medication
   375.    Power to use mechanical restraint
   376.    Power to enter particular places

           Division 6 - Warrant for apprehension of person to transport person

   377.    Application for warrant for apprehension of person
   378.    Issue of warrant
   379.    Electronic application
   380.    Additional procedure if electronic application
   381.    Defect in relation to a warrant
   382.    Warrants—entry procedure

   PART 7 - SECURITY

           Division 1 - Preliminary

   383.    Purpose of pt 7
   384.    Definitions for pt 7

           Division 2 - Postal articles and other things in authorised mental health services

   385.    Patient may receive and send postal article
   386.    Administrator may search thing received for patient

           Division 3 - Searches of patients of authorised mental health services or public sector health service facilities

   387.    Application of div 3
   388.    Power to search on belief of possession of harmful thing

           Division 4 - Searches of involuntary patients on admission to or entry into high security units or other approved services

   389.    Application of div 4
   390.    Power to search on admission or entry

           Division 5 - Searches of visitors to high security units or other approved services

   391.    Application of div 5
   392.    Power to search visitor
   393.    Requirement to explain to visitor
   394.    Direction to leave
   395.    Visitor may leave thing with authorised security officer
   396.    Authorised security officer may ask visitor to leave thing with officer
   397.    Visitor may ask for search to stop
   398.    Return of thing to visitor

           Division 6 - Requirements for searches

   399.    Requirements for personal search
   400.    Requirements for search requiring removal of clothing
   401.    Requirements for search of possessions

           Division 7 - Records of searches

   402.    Record of search must be made

           Division 8 - Seizure

   403.    Seizure of harmful or other thing
   404.    Receipt for seized thing
   405.    Access to seized thing

           Division 9 - Identity cards

   406.    Approval of identity card

           Division 10 - Compensation

   407.    Compensation for damage to possessions

           Division 11 - Exclusion of visitors

   408.    Administrator may refuse to allow person to visit patient

CHAPTER 12 - MENTAL HEALTH REVIEW TRIBUNAL PROCEEDINGS

   PART 1 - PRELIMINARY

   409.    Purpose of ch 12
   410.    Particular decisions of no effect for classified patient

   PART 2 - REVIEW OF TREATMENT AUTHORITIES

           Division 1 - Preliminary

   411.    Definitions for pt 2
   412.    Matters to which tribunal must have regard

           Division 2 - When particular reviews are conducted

   413.    When reviews are conducted
   414.    When periodic review deferred
   415.    When tribunal must not conduct review
   416.    When particular tribunal review is not required

           Division 3 - Applications and notices of hearings

   417.    Application for applicant review to state orders sought
   418.    Notice of hearing

           Division 4 - Decisions and orders

              Subdivision 1 - Decisions to be made on review

   419.    Decisions
   420.    Administrator to provide report
   421.    Requirement to revoke treatment authority

              Subdivision 2 - Confirmation of treatment authority—related orders

   422.    Application of sdiv 2
   423.    Change of category to community
   424.    Community category—deciding whether authorised doctor may reduce treatment in community
   425.    Inpatient category—limited community treatment
   426.    Conditions
   427.    Transfer to another authorised mental health service
   428.    Change of category to inpatient
   429.    Other orders

   PART 3 - REVIEW OF FORENSIC ORDERS (MENTAL HEALTH) AND FORENSIC ORDERS (DISABILITY)

           Division 1 - Preliminary

   430.    Application of pt 3
   431.    Definitions for pt 3
   432.    Matters to which tribunal must have regard

           Division 2 - When particular reviews are conducted

   433.    When reviews are conducted
   434.    When periodic review deferred
   435.    Requirement to conduct periodic review suspended
   436.    When tribunal must not conduct review
   437.    When particular tribunal review is not required

           Division 3 - Applications and notices of hearings

   438.    Application for applicant review to state orders sought
   439.    Notice of hearing

           Division 4 - Decisions and orders

              Subdivision 1 - Decisions to be made on review

   440.    Application of div 4
   441.    Decisions
   442.    Requirement to confirm forensic order

              Subdivision 2 - Confirmation of forensic order—related orders

   443.    Application of sdiv 2
   444.    Change or confirmation of category
   445.    Inpatient category—orders about treatment in community
   446.    Community category—orders about treatment in community
   447.    Conditions
   448.    Other orders

              Subdivision 3 - Revocation of forensic order (mental health)—related orders

   449.    Application of sdiv 3
   450.    Making of treatment support order
   451.    Making of treatment authority or no further order

           Division 5 - Restrictions on revoking or amending forensic orders

   452.    Orders with non-revocation period
   453.    Order for person temporarily unfit for trial
   454.    Order for person charged with prescribed offence
   455.    Tribunal’s order takes effect after suspension or change of category ends

           Division 6 - Other provisions

   456.    Transfer of responsibility for forensic patient
   457.    Person with dual disability

   PART 4 - REVIEW OF FORENSIC ORDERS (CRIMINAL CODE)

   458.    Application of pt 4
   459.    Tribunal to conduct hearing
   460.    Notice of hearing
   461.    Making of forensic order
   462.    Application of ch 5 provisions

   PART 5 - REVIEW OF TREATMENT SUPPORT ORDERS

           Division 1 - Preliminary

   463.    Definitions for pt 5
   464.    Matters to which tribunal must have regard

           Division 2 - When particular reviews are conducted

   465.    When reviews are conducted
   466.    When periodic review deferred
   467.    Requirement to conduct periodic review suspended
   468.    When tribunal must not conduct review
   469.    When particular tribunal review is not required

           Division 3 - Applications and notices of hearings

   470.    Application for applicant review to state orders sought
   471.    Notice of hearing

           Division 4 - Decisions and orders

              Subdivision 1 - Decisions to be made on review

   472.    Decisions
   473.    Requirement to confirm treatment support order

              Subdivision 2 - Confirmation of treatment support order—related orders

   474.    Application of sdiv 2
   475.    Change of category to community
   476.    Community category—deciding whether authorised doctor may reduce treatment in community
   477.    Inpatient category—limited community treatment
   478.    Conditions
   479.    Transfer to another authorised mental health service
   480.    Change of category to inpatient
   481.    Other orders

              Subdivision 3 - Revocation of treatment support order—related orders

   482.    Application of sdiv 3
   483.    Making of treatment authority or no further order

   PART 6 - REVIEW OF FITNESS FOR TRIAL

           Division 1 - Review

   484.    Application of div 1
   485.    Meaning of finding of unfitness
   486.    When reviews are conducted
   487.    Notice of hearing
   488.    Decisions on review

           Division 2 - Procedures following review if person unfit for trial

   489.    Application of div 2
   490.    Director of public prosecutions to decide whether proceeding to be discontinued
   491.    Proceeding discontinued at end of prescribed period
   492.    Effect of discontinuing proceeding
   493.    Proceeding may be discontinued at other time

           Division 3 - Procedures following review if person fit for trial

   494.    Application of div 3
   495.    Definitions for div 3
   496.    Director of public prosecutions to give notice of fitness for trial
   497.    Listing proceeding for mention
           497A . Prosecuting authority to give chief psychiatrist notice of ending of order
           497B . Disclosure of particular information on ending of order

   PART 7 - REVIEW OF DETENTION OF MINORS IN HIGH SECURITY UNITS

   498.    Application of pt 7
   499.    When reviews are conducted
   500.    Notice of hearing
   501.    Decision on review

   PART 8 - APPLICATIONS FOR EXAMINATION AUTHORITIES

   502.    Application for examination authority
   503.    Notice of hearing
   504.    Decision on application
   505.    Duration of examination authority
   506.    Copy of examination authority to be given to administrator of authorised mental health service

   PART 9 - APPLICATIONS FOR APPROVAL OF REGULATED TREATMENT

           Division 1 - Electroconvulsive therapy

   507.    Who may apply
   508.    Notice of hearing
   509.    Decision on application

           Division 2 - Non-ablative neurosurgical procedures

   510.    Who may apply
   511.    Notice of hearing
   512.    Decision on application

   PART 10 - APPLICATIONS FOR APPROVAL TO TRANSFER PARTICULAR PERSONS INTO AND OUT OF QUEENSLAND

           Division 1 - Transfers into Queensland

   513.    Definitions for div 1
   514.    Who may apply
   515.    Requirements for application
   516.    Notice of hearing
   517.    Decision on application
   518.    Making of forensic order
   519.    When approval takes effect
   520.    Transport of person

           Division 2 - Transfers out of Queensland

   521.    Definition for div 2
   522.    Who may apply
   523.    Requirements for application
   524.    Notice of hearing
   525.    Decision on application
   526.    When approval takes effect
   527.    Transport of person
   528.    Effect on order

   PART 11 - MISCELLANEOUS

   529.    Relationship with ch 16, pt 2
   530.    Use of victim impact statement by tribunal

CHAPTER 13 - APPEALS

   PART 1 - PRELIMINARY

   531.    Purpose of ch 13

   PART 2 - APPEALS TO TRIBUNAL

   532.    Definitions for pt 2
   533.    Appeal to tribunal
   534.    How to start appeal
           534A . Frivolous or vexatious appeal
   535.    Notice of appeal and hearing
   536.    Stay of decision pending appeal
   537.    Appeal powers

   PART 3 - APPEALS TO MENTAL HEALTH COURT

           Division 1 - Preliminary

   538.    Definition for pt 3

           Division 2 - Making and hearing appeals

   539.    Who may appeal
   540.    Parties to appeal
   541.    How to start appeal
   542.    Frivolous or vexatious appeal
   543.    Notice of appeal and hearing
   544.    Stay of decision pending appeal
   545.    Notice of stay of decision on review of person’s fitness for trial
   546.    Appeal powers
   547.    Mental Health Court may make forensic order or treatment support order
   548.    Mental Health Court’s decision final

   PART 4 - APPEALS TO COURT OF APPEAL

   549.    Who may appeal
   550.    How to start appeal
   551.    Appeal powers
   552.    Notice of decision

CHAPTER 14 - MONITORING AND ENFORCEMENT

   PART 1 - PRELIMINARY

   553.    Purpose of ch 14
   554.    Definitions for ch 14

   PART 2 - GENERAL PROVISIONS ABOUT INSPECTORS

           Division 1 - Appointment

   555.    Appointment and qualifications
   556.    Functions of inspectors
   557.    Appointment conditions and limit on powers
   558.    When office ends
   559.    Resignation

           Division 2 - Identity cards

   560.    Issue of identity card
   561.    Production or display of identity card
   562.    Return of identity card

           Division 3 - Miscellaneous provisions

   563.    References to exercise of powers
   564.    Reference to document includes reference to reproductions from electronic document

   PART 3 - ENTRY OF PLACES BY INSPECTORS

           Division 1 - Power to enter

   565.    General power to enter places

           Division 2 - Entry by consent

   566.    Application of div 2
   567.    Incidental entry to ask for access
   568.    Matters inspector must tell occupier
   569.    Consent acknowledgement

           Division 3 - Entry under warrant

              Subdivision 1 - Obtaining warrant

   570.    Application for warrant
   571.    Issue of warrant
   572.    Electronic application
   573.    Additional procedure if electronic application
   574.    Defect in relation to a warrant

              Subdivision 2 - Entry procedure

   575.    Entry procedure

   PART 4 - GENERAL POWERS OF INSPECTORS AFTER ENTERING PLACES

   576.    Application of pt 4
   577.    General powers
   578.    Power to require reasonable help
   579.    Offence to contravene help requirement

   PART 5 - SEIZURE BY INSPECTORS AND FORFEITURE

           Division 1 - Power to seize

   580.    Seizing evidence at a place that may be entered without consent or warrant
   581.    Seizing evidence at a place that may be entered only with consent or warrant
   582.    Seizure of property subject to security

           Division 2 - Powers to support seizure

   583.    Power to secure seized thing
   584.    Offence to contravene other seizure requirement
   585.    Offence to interfere

           Division 3 - Safeguards for seized things

   586.    Receipt and information notice for seized thing
   587.    Access to seized thing
   588.    Return of seized thing

           Division 4 - Forfeiture

   589.    Forfeiture by chief psychiatrist decision
   590.    Information notice about forfeiture decision
   591.    Forfeiture on conviction
   592.    Procedure and powers for making forfeiture order

           Division 5 - Dealing with property forfeited or transferred to State

   593.    When thing becomes property of the State
   594.    How property may be dealt with

   PART 6 - OTHER INFORMATION-OBTAINING POWERS OF INSPECTORS

   595.    Power to require name and address
   596.    Offence to contravene personal details requirement
   597.    Power to require information
   598.    Offence to contravene information requirement

   PART 7 - MISCELLANEOUS PROVISIONS RELATING TO INSPECTORS

           Division 1 - Damage

   599.    Duty to avoid inconvenience and minimise damage
   600.    Notice of damage

           Division 2 - Compensation

   601.    Claim
   602.    Court order

   PART 8 - REVIEWS AND APPEALS ABOUT SEIZURE AND FORFEITURE

   603.    Definitions for pt 8
   604.    Right of appeal
   605.    Appeal process starts with internal review
   606.    How to apply for internal review
   607.    Stay of operation of decision
   608.    Internal review decision
   609.    Who may appeal
   610.    Procedure for an appeal to the court
   611.    Stay of operation of internal review decision
   612.    Powers of court on appeal
   613.    Effect of decision of court on appeal

CHAPTER 15 - SUSPENSION OF CRIMINAL PROCEEDINGS, OFFENCES AND OTHER LEGAL MATTERS

   PART 1 - PRELIMINARY

   614.    Purpose of ch 15

   PART 2 - SUSPENSION OF CRIMINAL PROCEEDINGS

   615.    Purpose of pt 2
   616.    Suspension of proceedings
   617.    Giving notice of particular suspensions
   618.    Ending of suspension
   619.    Giving notice of ending of suspension
   620.    Effect on powers relating to bail, discontinuance of proceedings and other matters

   PART 3 - OFFENCES RELATING TO PATIENTS

   621.    Offence relating to ill-treatment
   622.    Offences relating to patients absconding
   623.    Offences relating to patients unlawfully absent

   PART 4 - OFFENCES RELATING TO OFFICIALS

   624.    Definition for pt 4
   625.    Obstructing official
   626.    Impersonating official
   627.    Giving official false or misleading information

   PART 5 - DETENTION AND USE OF REASONABLE FORCE

   628.    Classified patient (voluntary) may be detained
   629.    Detention of person in authorised mental health service with use of reasonable force
   630.    Detention of person in public sector health service facility with use of reasonable force
   631.    Examination or assessment of involuntary patient without consent and with use of reasonable force
   632.    Treatment and care of patient without consent and with use of reasonable force
   633.    Relationship with use of physical restraint

   PART 6 - EVIDENCE AND LEGAL PROCEEDINGS

   634.    Evidentiary aids
   635.    Proceedings for offences

CHAPTER 16 - ESTABLISHMENT AND ADMINISTRATION OF COURT AND TRIBUNAL

   PART 1 - MENTAL HEALTH COURT

           Division 1 - Preliminary

   636.    Purpose of pt 1

           Division 2 - Continuation, constitution, jurisdiction and powers

   637.    Continuation of Mental Health Court
   638.    Constitution
   639.    Jurisdiction
   640.    Powers

           Division 3 - Membership

   641.    Appointment of members
   642.    Appointment does not affect judge’s tenure of office
   643.    Resignation of office
   644.    When member’s office ends

           Division 4 - President

   645.    Appointment of president
   646.    Arrangement of business
   647.    President holds office while member of court
   648.    Delegation of particular powers
   649.    Resignation of office
   650.    Appointment of acting president

           Division 5 - Assisting clinicians

   651.    Functions
   652.    Appointment
   653.    Conditions of appointment
   654.    Resignation
   655.    Termination of appointment

           Division 6 - Mental Health Court Registry and registrar

   656.    Mental Health Court Registry
   657.    Registry’s functions
   658.    Registrar’s functions
   659.    Registrar’s powers—general
   660.    Registrar’s power to issue subpoena
   661.    Registrar’s power to require administrator to produce document
   662.    Registrar’s power to require person to be brought before Mental Health Court
   663.    Registrar’s power to require prosecuting authority to give particular documents
   664.    Delegation by registrar

           Division 7 - Protection and immunities

   665.    Contempt of court
   666.    Conduct that is contempt and offence
   667.    Protection and immunity for member of Mental Health Court and assisting clinician

           Division 8 - Court examination orders

   668.    Making of court examination order
   669.    Recommendation or request for court examination order on reference
   670.    Transport, detention and examination of person under court examination order
   671.    What happens at end of examination

           Division 9 - Reviews of detention in authorised mental health service or forensic disability service

   672.    Definitions for div 9
   673.    Power to review detention
   674.    Notice of hearing
   675.    Parties to proceeding
   676.    Consideration of application
   677.    Appointment of person to inquire into detention
   678.    Administrator to ensure help given to appointed person
   679.    General powers of appointed person
   680.    Appointed person’s power to ask questions
   681.    Mental Health Court may direct person’s discharge
   682.    Other remedies not affected

           Division 10 - Procedural provisions

   683.    General right of appearance and representation
   684.    Evidence
   685.    Proof of matters
   686.    Directions
   687.    Assisting clinician’s advice before or during adjournment of hearing
   688.    Assisting clinician’s advice during hearing
   689.    Particular advice of assisting clinician to be stated in reasons for decision
   690.    When court may conduct hearing in absence of person
   691.    Appointing assistant
   692.    Court may sit and adjourn hearing
   693.    Hearing of reference generally open to public
   694.    Particular hearings not generally open to public
   695.    Hearing about minor not open to public
   696.    Confidentiality order
   697.    Costs
   698.    Death or incapacity of member after hearing started

           Division 11 - Rules and practice

   699.    Rule-making power
   700.    Directions about practice

           Division 12 - Miscellaneous

   701.    Annual report

   PART 2 - MENTAL HEALTH REVIEW TRIBUNAL

           Division 1 - Preliminary

   702.    Purpose of pt 2
   703.    Definition for pt 2

           Division 2 - Continuation, jurisdiction and powers

   704.    Continuation of Mental Health Review Tribunal
   705.    Jurisdiction and independence
   706.    Powers

           Division 3 - Members and staff of tribunal

   707.    Appointment of members
   708.    Duration of appointment
   709.    Terms of appointment
   710.    Resignation
   711.    Termination of appointment
   712.    Deputy president to act as president
   713.    Executive officer and other staff
   714.    President’s functions generally
   715.    President’s powers

           Division 4 - Constitution of tribunal for hearings

   716.    Particular proceedings
   717.    Application for examination authority
   718.    Application for approval to perform non-ablative neurosurgical procedure
   719.    Matters president to consider in constituting tribunal
   720.    Presiding member

           Division 5 - Examinations, confidentiality orders and reports

   721.    Tribunal may order examination
   722.    Confidentiality order
   723.    Reports for particular review proceedings

           Division 6 - Procedural provisions for ch 12 proceedings

              Subdivision 1 - Applications

   724.    Application of sdiv 1
   725.    Approved form
   726.    Frivolous or vexatious application
   727.    Hearing of application

              Subdivision 2 - Adjournment of hearing of particular periodic reviews

   728.    Application of sdiv 2
   729.    Definitions for sdiv 2
   730.    Adjournment of hearing
   731.    Hearing of scheduled review to be conducted on relevant person’s return

           Division 7 - General procedural provisions

              Subdivision 1 - Preliminary

   732.    Application of div 7
   733.    Conducting proceedings generally
   734.    Presentation of party’s case and inspection of documents

              Subdivision 2 - Pre-hearing matters

   735.    Matters to be stated in notice of hearing
   736.    Right to appear
   737.    Attorney-General to give notice of intention to appear
   738.    Disclosure of documents to be relied on in hearing

              Subdivision 3 - Hearings

   739.    Right of representation and support
   740.    Appointment of representative
   741.    Hearing not open to public
   742.    Victim impact statement
   743.    Restrictions on disclosing victim impact statement
   744.    Requiring witness to attend or produce document or thing
   745.    Tribunal to allow party to call or give evidence
   746.    Proceeding by remote conferencing or on the papers
   747.    Proceeding in absence of involuntary patient
   748.    Conducting hearings of proceedings at same time
   749.    Adjourning hearing of proceeding
   750.    Appointing assistant
   751.    Dealing with documents or other things
   752.    Way questions decided
   753.    Referring question of law to Mental Health Court
   754.    Costs

              Subdivision 4 - Decisions of tribunal

   755.    Notice of decision
   756.    Written reasons for decision
   757.    Requirement to give effect to tribunal decision
   758.    Publishing decision and reasons

              Subdivision 5 - Revocation of particular forensic orders and treatment support orders

   759.    Order for missing person

           Division 8 - Offences and contempt

   760.    Offences by witnesses
   761.    False or misleading information or document
   762.    Fabricating evidence
   763.    Contempt of tribunal
   764.    Punishment of contempt
   765.    Conduct that is contempt and offence

           Division 9 - Protection and immunities

   766.    Protection and immunity for members
   767.    Protection and immunity for other persons

           Division 10 - Rules and practice

   768.    Rule-making power
   769.    Directions about practice

           Division 11 - Miscellaneous

   770.    Authentication of documents
   771.    Judicial notice of particular signatures
   772.    Delegation
   773.    Register
   774.    Annual report

CHAPTER 17 - CONFIDENTIALITY

   PART 1 - PRELIMINARY

   775.    Purpose of ch 17
   776.    Definitions for ch 17
   777.    Relationship of ch 17 with other Acts

   PART 2 - DUTY OF CONFIDENTIALITY

   778.    Confidentiality of information obtained by designated person
   779.    Confidentiality of information obtained by other persons

   PART 3 - PERMITTED USE AND DISCLOSURE

   780.    Disclosure to identify person with mental health defence
   781.    Disclosure to identify and offer support to victims
   782.    Disclosure for report by private psychiatrist
   783.    Disclosure of particular information relating to classified patient
   784.    Disclosure of particular information relating to person in contact with forensic disability service
   785.    Disclosure to lawyer
   786.    Disclosure of photograph of patient required to return
   787.    Disclosure of information for research purposes

   PART 4 - OFFENCES RELATING TO PUBLICATION OF JUDICIAL PROCEEDINGS

   788.    Definition for pt 4
   789.    Publication of reports and decisions on references—Mental Health Court and Court of Appeal
   790.    Publication of report of other proceedings
   791.    Publication of information disclosing identity of party to proceeding
   792.    Publication of date of hearing permitted
   793.    Publication of information disclosed at hearing permitted

CHAPTER 18 - GENERAL PROVISIONS

   794.    Detention of involuntary patient must be in inpatient unit
   795.    Use of audiovisual link for examination or assessment
   796.    Disclosure by QCAT of information about personal guardian or administrator
   797.    Protection of official from liability
           797A . Particular periods counted as imprisonment or detention
   798.    Approved forms
   799.    Electronic format for notices and other information
   800.    Regulation-making power

CHAPTER 18A - VALIDATION OF APPOINTMENT TO TRIBUNAL AND RELATED PROVISIONS

   PART 1 - PRELIMINARY

   800A.   Definitions for chapter

   PART 2 - VALIDATION

   800B.   Validation provision for purported appointment of ineligible person

   PART 3 - REFERRAL OF PARTICULAR DECISIONS TO SPECIAL TRIBUNAL

   800C.   Special tribunal
   800D.   Request to refer relevant decision to the special tribunal
   800E.   When chief executive may refer relevant decision
   800F.   Decision by special tribunal on referral

   PART 4 - DECISIONS BY TRIBUNAL

   800G.   Decision by tribunal on referral

CHAPTER 18B - COVID-19 EMERGENCY PROVISIONS

           800H . Definition for chapter
           800I . Power of chief psychiatrist to approve absences during COVID-19 emergency period
           800J . Modification of ss 329 and 332
           800K . Modification of s 336 (Record of relevant patients)
           800L . Modification of s 363 (Application of div 3)
           800M . Modification of s 622 (Offences relating to patients absconding)
           800N . Modification of s 783 (Disclosure of particular information relating to classified patient)
           800O . Modification of sch 1, s 5 (Information about absences)
           800P . Expiry of chapter

CHAPTER 19 - REPEAL

   801.    Repeal

CHAPTER 20 - TRANSITIONAL PROVISIONS FOR ACT NO. 5 OF 2016

   PART 1 - PRELIMINARY

   802.    Definitions for ch 20
   803.    Application of new Act in relation to proceedings for alleged offences
   804.    Detention under repealed Act

   PART 2 - PROVISIONS ABOUT ASSESSMENT AND DETENTION UNDER CHAPTERS 2 AND 3 OF REPEALED ACT

   805.    Assessment documents
   806.    Persons subject to assessment documents
   807.    Justices examination order
   808.    Emergency examination order
   809.    Detention for assessment
   810.    Agreement for assessment
   811.    Custodian’s assessment authority
   812.    Taking person to authorised mental health service
   813.    Classified patients
   814.    Report of authorised doctor
   815.    Involuntary treatment orders

   PART 3 - PROVISIONS ABOUT ASSESSMENT OR DETENTION OF PERSONS BEFORE A COURT OR IN CUSTODY UNDER CHAPTER 3 OF REPEALED ACT

   816.    Court assessment order

   PART 4 - PROVISIONS ABOUT TREATMENT AND CARE OF PATIENTS UNDER CHAPTER 4 OF REPEALED ACT

   817.    Treatment plans
   818.    Limited community treatment
   819.    Monitoring conditions

   PART 5 - PROVISIONS ABOUT ELECTROCONVULSIVE THERAPY UNDER CHAPTER 4 OF REPEALED ACT

   820.    Consent to electroconvulsive therapy
   821.    Emergency electroconvulsive therapy

   PART 6 - PROVISIONS ABOUT MOVEMENT, TRANSFER AND TEMPORARY ABSENCE OF PATIENTS UNDER CHAPTER 5 OF REPEALED ACT

   822.    Move of patients interstate
   823.    Temporary absences

   PART 7 - PROVISIONS ABOUT TRIBUNAL REVIEWS UNDER CHAPTER 6 OF REPEALED ACT

           Division 1 - Orders and decisions made before commencement

   824.    Particular orders and decisions not given effect before commencement
   825.    Particular decisions unaffected by new Act

           Division 2 - Reviews and applications not completed before commencement

   826.    Existing applications to tribunal
   827.    Existing reviews started other than by an application
   828.    Effect of tribunal’s decision on existing review

           Division 3 - Other provisions

   829.    When first periodic review under new Act must be conducted
   830.    Discontinuing proceeding for offence following review of fitness for trial
   831.    Non-contact order ends

   PART 8 - PROVISIONS ABOUT EXAMINATIONS, REFERENCES AND ORDERS UNDER CHAPTER 7 OF REPEALED ACT

           Division 1 - Examinations under chapter 7, part 2 of repealed Act

   832.    Making of reference under repealed Act by director or director of public prosecutions

           Division 2 - References

   833.    Application of div 2
   834.    Hearing of reference continues under repealed Act
   835.    Appeal against Mental Health Court’s decision

           Division 3 - Forensic orders (Mental Health Court) and forensic orders (Mental Health Court—Disability)

   836.    Forensic order (Mental Health Court)
   837.    Forensic order (Mental Health Court—Disability)
   838.    Limited community treatment for forensic patient
   839.    Review of forensic order under new Act

           Division 4 - Other provisions

   840.    Order approving interstate transfer under s 288B of repealed Act
   841.    Forensic order (Criminal Code)
   842.    Custody order
   843.    Forensic order (Minister)
   844.    Forensic disability client temporarily detained in authorised mental health service

   PART 9 - PROVISIONS ABOUT INFORMATION ORDERS UNDER CHAPTER 7A OF REPEALED ACT

   845.    Forensic information orders
   846.    Classified patient information orders

   PART 10 - PROVISIONS ABOUT SECURITY OF AUTHORISED MENTAL HEALTH SERVICES UNDER CHAPTER 10 OF REPEALED ACT

   847.    Exclusion of visitors

   PART 11 - PROVISIONS ABOUT MENTAL HEALTH COURT UNDER CHAPTER 11 OF REPEALED ACT

   848.    Mental Health Court registry
   849.    Court examination order
   850.    Inquiry into detention of patient in authorised mental health service

   PART 12 - MISCELLANEOUS

   851.    Mental Health Court, tribunal or another court may make orders about transition from repealed Act to new Act
   852.    Notices generally
   853.    Records made under repealed Act
   854.    Material submitted by victim or concerned person
   855.    Subpoenas
   856.    Authorised mental health services and high security units
   857.    Office holders
   858.    Suspended proceedings
   859.    Reviews relating to serious risks
   860.    Appeals
   861.    Annual reports
   862.    References to orders and authorities under repealed Act
   863.    Application of new Act, s 420

CHAPTER 20A - (Repealed)

CHAPTER 21 - TRANSITIONAL PROVISION FOR HOSPITAL FOUNDATIONS ACT 2018

   864.    Application of s 797A to particular periods
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3


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