Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 464

464 Matters to which tribunal must have regard

(1) In making a decision under this part in relation to a review of a treatment support order, the tribunal must have regard to the following—

(a) the relevant circumstances of the person subject to the order;

(b) the nature of the relevant unlawful act and the period of time that has passed since the act happened;

(c) any victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act;

(d) if the order was made because a forensic order (mental health) for the person was revoked and the Mental Health Court made a recommendation in the forensic order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person.

Note—

See section 450 for when the tribunal, on deciding to revoke a forensic order (mental health) for a person, may make a treatment support order for the person.

Examples of decisions in relation to a review of a treatment support order—

• deciding whether to confirm or revoke the order

• deciding whether to confirm or change the category of the order

• deciding whether the person is to receive any treatment in the community

• deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order

(2) Subsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter.