Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 312

Minister may direct chief psychiatrist to review matter

312 Minister may direct chief psychiatrist to review matter

(1) This section applies if the Minister considers—
(a) a matter has arisen in relation to 1 or more relevant forensic patients; and
(b) there is a serious risk to the life, health or safety of a person or to public safety because of the matter.
(2) The Minister may direct the chief psychiatrist to—
(a) immediately review the matter and serious risk to decide—
(i) whether action is necessary to remove, or to control or manage, the risk; and
(ii) whether there are systemic issues that need to be addressed to remove the risk; and
(b) consider taking action under section 313 (2) to address the matter and stop the serious risk recurring; and
(c) report to the Minister—
(i) on the outcome of the review; and
(ii) if action is taken as a result of the review—on the action taken.
(3) To remove any doubt, it is declared that the Minister’s power under this section—
(a) is limited to directing the chief psychiatrist to do a thing mentioned in subsection (2) (a) , (b) or (c) ; and
(b) does not allow the Minister to direct the chief psychiatrist to take action, or any particular action, in relation to the matter or serious risk.



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