Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 497

497 Listing proceeding for mention

(1) The registrar of the relevant court must arrange for the proceeding for the relevant offence to be listed for mention—

(a) within 7 days after being notified of the tribunal’s decision; or

(b) if the court can not be constituted within the period mentioned in paragraph (a) —at the earliest opportunity after the end of that period.

(2) On the person’s appearance at the mention of the proceeding, the forensic order or treatment support order to which the person is subject ends.

(3) An authorised person may transport the person from the authorised mental health service in which the person is being detained to the relevant court for the person’s appearance at the mention of the proceeding.

Note—

For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .

(4) However, subsection (3) does not prevent the person appearing at the mention of the proceeding by remote conferencing while remaining at the authorised mental health service.

(5) The person may be detained at the authorised mental health service until—

(a) the person leaves the service to appear at the mention of the proceeding; or

(b) if the person appears at the mention of the proceeding by remote conferencing while remaining at the service—the person is taken into custody.

(6) In this section—

"mention" includes review.