Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 139

Inpatient category

139 Inpatient category

(1) If the Mental Health Court decides the category of a forensic order for a person is inpatient, the court must do 1 of the following—
(a) order that the person have no limited community treatment;
Note—
An order made under paragraph (a) may be amended by the tribunal, but may not be amended by an authorised doctor. See sections 212 (2) and 445 (2) (b) and (c) .
(b) approve that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act, section 20 may, at a future time—
(i) authorise limited community treatment for the person, to the extent and subject to the conditions decided by the court; or
(ii) change the category of the order to community, subject to the conditions decided by the court;
(c) order that the person have limited community treatment—
(i) of a stated extent; and
(ii) subject to the conditions decided by the court, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.
(2) The court may make an order under subsection (1) (b) or (c) only if the court is satisfied there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.
(3) In deciding whether the court is satisfied of the matters mentioned in subsection (2) , the court must have regard to—
(a) the purpose of limited community treatment; and
(b) the fact that—
(i) if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or
(ii) if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .



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