Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 343

343 When office ends

(1) This section applies to each of the following—

(a) an authorised doctor appointed under section 338 ;

(b) an authorised mental health practitioner appointed under section 340 ;

(c) a health practitioner appointed under section 341 to perform particular functions.

(2) The office of the person under the appointment ends if any of the following happens—

(a) for an authorised doctor appointed under section 338 —the authorised doctor stops being a doctor;

(b) for an authorised mental health practitioner appointed under section 340 —the authorised mental health practitioner stops being a health practitioner of the type that was the basis for the person’s appointment;

(c) for a health practitioner appointed under section 341 to perform particular functions—the health practitioner stops being a health practitioner of the class prescribed by regulation that was the basis for the person’s appointment;

(d) the term of office stated in a condition of office ends;

(e) the office ends under another condition of office;

(f) the chief psychiatrist—

(i) is satisfied the person is unable to perform the functions of the office, including, for example, because the person does not have the competencies, stated in a policy, necessary for the office; and

(ii) gives written notice to the person stating the person stops holding office on a date stated in the notice;

(g) the person resigns by written notice given to the administrator of the authorised mental health service who appointed the person.

(3) Subsection (2) does not limit the ways in which the person may stop holding office.

(4) In this section—

"condition of office" means a condition under which a person mentioned in subsection (1) holds office.