Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 133

Matters to which Mental Health Court must have regard

133 Matters to which Mental Health Court must have regard

(1) In making a decision under this part in relation to an order for a person, the Mental Health Court must have regard to the following—
(a) the relevant circumstances of the person;
(b) the nature of the offence to which the reference relates and the period of time that has passed since the offence was allegedly committed;
(c) any victim impact statement produced by the prosecuting authority for the offence under part 5 , division 3 .
Examples of decisions under this part in relation to an order—
• deciding whether a forensic order or treatment support order is necessary
• deciding the category of the order
• deciding whether the person is to receive any treatment in the community
• deciding the conditions, if any, to impose on the order
(2) Subsection (1) does not limit any other provision of this part that requires the court to have regard to a stated matter.



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