Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 319

319 Decision on application

(1) The chief psychiatrist must decide to approve or refuse to approve the application—

(a) if the application is made by an applicant mentioned in section 318 (1) (a) or (b) —within 14 days after receiving the application; or

(b) otherwise—within 28 days after receiving the application.

(2) The chief psychiatrist may refuse to approve the application if the chief psychiatrist is satisfied—

(a) the application is frivolous or vexatious; or

(b) for an application made under section 318 (1) (c) —the applicant is not an individual mentioned in section 318 (1) (c) ; or

(c) disclosure of information under the notice is likely to—

(i) result in serious harm to the relevant patient’s health or welfare; or

(ii) put the safety of the relevant patient or someone else at serious risk; or

(d) a previous information notice obtained by the applicant was revoked under section 323 (2) (b) .

(3) For subsection (2) (b) , in deciding whether the applicant has a sufficient personal interest in receiving information under the notice, the chief psychiatrist must have regard to the following matters—

(a) whether the relevant patient is a risk to the safety and welfare of the person;

(b) whether it is likely the relevant patient will come into contact with the person;

(c) the nature of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order.

(4) The chief psychiatrist must refuse to approve the application if the chief psychiatrist is satisfied—

(a) if the application states that the applicant’s nominee will be entitled to receive information under the notice—the nominee is not suitable to receive the information; or

(b) the person in relation to whom the application was made is not, or is no longer, a relevant patient.

(5) The chief psychiatrist must give the applicant written notice of the decision within 7 days after making it.

(6) If the decision is to approve the application, the written notice must state—

(a) the name of the person entitled to receive information under the information notice; and

(b) if the person entitled to receive information under the information notice is the applicant’s nominee—that the nominee is entitled to receive the information only for the purpose of providing the information to the applicant.

(7) If the decision is to refuse to approve the application, the written notice must state—

(a) the reasons for the decision; and

(b) that the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives the notice; and

(c) how the appeal is made.

(8) In this section—

"forensic order" includes a forensic order that has ended if the relevant day for the order has not passed.

"treatment support order" includes a treatment support order that has ended if the relevant day for the order has not passed.