Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 13

13 Meaning of less restrictive way

(1) For this Act, there is a
"less restrictive way" for a person to receive treatment and care for the person’s mental illness if, instead of receiving involuntary treatment and care, the person is able to receive the treatment and care that is reasonably necessary for the person’s mental illness in 1 of the following ways—

(a) if the person is a minor—with the consent of the minor’s parent;

(b) if the person has made an advance health directive—under the advance health directive;

(c) if a personal guardian has been appointed for the person—with the consent of the personal guardian;

(d) if an attorney has been appointed by the person—with the consent of the attorney;

(e) otherwise—with the consent of the person’s statutory health attorney.

Examples of when there may not be a less restrictive way for a person to receive the treatment and care that is reasonably necessary for the person’s mental illness—

1 An advance health directive does not cover the matters that are clinically relevant or appropriate for the person’s treatment and care.

2 An advance health directive does not authorise the administration of the medications that are clinically necessary for the person’s treatment and care.

3 An attorney does not consent to the administration of the medications that are clinically necessary for the person’s treatment and care.

(2) In deciding whether there is a less restrictive way for a person to receive the treatment and care that is reasonably necessary for the person’s mental illness, a person performing a function or exercising a power under this Act must—

(a) consider the ways mentioned in subsection (1) in the listed order set out in the subsection; and

(b) comply with the policy that must be made by the chief psychiatrist under section 305 (1) (a) about when it may not be appropriate for a person to receive treatment and care for the person’s mental illness under an advance health directive or with the consent of a personal guardian, attorney or statutory health attorney for the person.

(3) To remove any doubt, it is declared that this section does not limit the power of the public guardian to act as a statutory health attorney for a person under the Powers of Attorney Act 1998 .

(4) In this section—

"statutory health attorney" means the person’s statutory health attorney under the Powers of Attorney Act 1998 , section 63 (1) .