Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 101

101 Reference by chief psychiatrist to Mental Health Court

(1) This section applies if—

(a) a psychiatrist report, or second psychiatrist report, about a person in relation to a charge of a serious offence has been prepared; and

(b) the chief psychiatrist is satisfied—

(i) the person may have been of unsound mind when the serious offence was allegedly committed or may be unfit for trial; and

(ii) having regard to the report and the protection of the community, there is a compelling reason in the public interest for the person’s mental state in relation to the serious offence to be referred to the Mental Health Court; and

(c) the person’s mental state in relation to the serious offence has not been referred to the Mental Health Court under section 110 .

(2) The chief psychiatrist may, in the way set out in section 111 , refer the matter of the person’s mental state in relation to the serious offence to the Mental Health Court.

(3) The reference must be made—

(a) for a psychiatrist report prepared on a request under section 90 and if a second psychiatrist report is not directed under section 100 —within 28 days after a copy of the psychiatrist report is given to a person under section 102 (1) or (2) ; or

(b) for a psychiatrist report prepared on the chief psychiatrist’s own initiative under section 93 and if a second psychiatrist report is not directed under section 100 —within 28 days after the chief psychiatrist receives a copy of the psychiatrist report; or

(c) if a second psychiatrist report is prepared under section 100 —within 28 days after the chief psychiatrist receives a copy of the second psychiatrist report.

(4) The reference may include a reference of the person’s mental state in relation to an associated offence.

(5) The chief psychiatrist may, within the period mentioned in subsection (3) , extend the period to not more than 4 months after the period would otherwise end if the chief psychiatrist considers the person is unfit for trial but may be fit for trial within the extended period.