Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 497B

497B Disclosure of particular information on ending of order

(1) The chief psychiatrist must, within 7 days after receiving notice under section 497A of the ending of the forensic order or treatment support order for the person, give the chief executive (justice) written notice under subsection (2) .

(2) The notice must state each period for which the category of the forensic order or treatment support order, or of any previous related order, was inpatient.

Note—

See section 797A for the effect of a period for which the category of a forensic order or treatment support order is inpatient.

(3) The chief executive (justice) must, within 7 days after receiving the notice, give a copy of the notice to—

(a) the director of public prosecutions; and

(b) if the person is a child—the chief executive (youth justice); and

(c) if the person has at any time been in, or immediately after the relevant appearance is in, the custody of the chief executive (corrective services) in relation to the relevant offence—the chief executive (corrective services).

Note—

See the Corrective Services Act 2006 , section 7 for when a person is taken to be in the custody of the chief executive (corrective services).

(4) In this section—

"previous related order" , in relation to a forensic order or treatment support order (each a
"relevant order" ), means—

(a) a forensic order that ended or was revoked on the making of the relevant order; or

(b) a forensic order that ended or was revoked on the making of the forensic order mentioned in paragraph (a) .

Notes—

1 See section 461 for the making of a forensic order (mental health) or forensic order (disability) for a person subject to a forensic order (Criminal Code).

2 See section 457 for the making of a forensic order (disability) on the revocation of a forensic order (mental health).

3 See section 450 for the making of a treatment support order on the revocation of a forensic order (mental health).

"relevant appearance" , for a person who was subject to a forensic order or treatment support order that ended under section 497 (2) , means the appearance of the person at the mention of the proceeding for the relevant offence that resulted in the ending of the order.