Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 134

134 Requirements for making forensic order

(1) The Mental Health Court must make an order (a
"forensic order (mental health)" or
"forensic order (disability)" ) for the person if the court considers a forensic order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.

Note—

If the court does not consider a forensic order is necessary, see division 3 in relation to the making of a treatment support order.

(2) In deciding whether a forensic order is necessary, the court must have regard to the policies mentioned in section 305 (1) (e) and (f) .

(3) If the court makes a forensic order for the person, the order must be—

(a) a forensic order (mental health) if the court considers—

(i) the person’s unsoundness of mind was, or unfitness for trial is, because of a mental condition other than an intellectual disability; or

(ii) the person has a dual disability and needs involuntary treatment and care for the person’s mental illness, as well as care for the person’s intellectual disability; or

(b) a forensic order (disability) if the court considers—

(i) the person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and

(ii) the person needs care for the person’s intellectual disability but does not need treatment and care for any mental illness.

(4) Subsection (3) (a) (ii) applies regardless of the basis on which the court decides the person was of unsound mind when the offence was allegedly committed, or is unfit for trial.