Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 456

456 Transfer of responsibility for forensic patient

(1) On a review of a forensic order, the tribunal may order that responsibility for the person subject to the order be transferred to—

(a) if an authorised mental health service is responsible for the person—another authorised mental health service; or

(b) if an authorised mental health service is responsible for the person and the person is subject to a forensic order (disability)—another authorised mental health service or the forensic disability service; or

(c) if the forensic disability service is responsible for the person—an authorised mental health service.

(2) In deciding whether to make an order under subsection (1) , the tribunal must have regard to each of the following—

(a) the person’s mental state and psychiatric history;

(b) any intellectual disability of the person;

(c) the person’s treatment and care needs;

(d) the security requirements for the person;

(e) if responsibility for the person is to be transferred to an authorised mental health service—the capacity of the authorised mental health service to which the person is to be transferred;

(f) to the greatest extent practicable, the views, wishes and preferences of the person;

(g) without limiting paragraphs (a) to (f) , whether the transfer is appropriate in the circumstances.

Example of when a transfer under this section may be appropriate—

to allow the person to be in closer proximity to their family, carers or other support persons

(3) However, the tribunal may order under subsection (1) that responsibility for the person be transferred to the forensic disability service only if the chief executive (forensic disability) certifies, in writing, that the forensic disability service has—

(a) the physical capacity to accommodate the person; and

(b) the capacity to provide care for the person under the order.

(4) For subsection (3) , section 148 applies as if—

(a) a reference in the section to the Mental Health Court were a reference to the tribunal; and

(b) a reference in the section to section 147 were a reference to subsection (1) .