Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 618

618 Ending of suspension

(1) This section applies to a proceeding against a person that is suspended under section 616 .

(2) The suspension of the proceeding ends only if each of the following is satisfied—

(a) the person is not, or is no longer, a classified patient;

(b) if the chief psychiatrist has given a direction under section 91 or 93 for a psychiatrist report to be prepared about the person in relation to a charge of a serious offence or associated offence—the direction has been revoked;

(c) if the chief psychiatrist has decided not to make a reference under section 101 to the Mental Health Court—the period mentioned in section 101 (3) , or any extended period mentioned in section 101 (5) , in which the chief psychiatrist may make the reference has ended;

(d) if the person’s mental state in relation to the offence has been referred to the Mental Health Court under section 101 , 110 , 175 or 183 —the Mental Health Court has made a decision on the reference or the reference has been withdrawn.