Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH ACT 2016 - SECT 504

Decision on application

504 Decision on application

(1) In deciding the application, the tribunal must issue, or refuse to issue, an examination authority for the person.
(2) However, the tribunal may issue an examination authority for the person only if the tribunal considers—
(a) the person has, or may have, a mental illness; and
(b) the person does not, or may not, have capacity to consent to be treated for the mental illness; and
(c) either—
(i) reasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or
(ii) it is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and
(d) there is, or may be, an imminent risk, because of the person’s mental illness, of—
(i) serious harm to the person or someone else; or
(ii) the person suffering serious mental or physical deterioration.
(3) An examination authority must—
(a) be in the approved form; and
(b) state the authorised mental health service responsible for the examination of the person under the authority.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback