Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 407

Compensation for damage to possessions

407 Compensation for damage to possessions

(1) A patient or visitor (the
"claimant" ) may claim from the State the cost of repairing or replacing the claimant’s possessions damaged in the exercise or purported exercise of a power under this part.
(2) The cost may be claimed and ordered in a proceeding—
(a) brought in a court of competent jurisdiction; or
(b) for an offence against this Act brought against the claimant.
(3) A court may order an amount be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
(4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.



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