Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 634

634 Evidentiary aids

(1) This section applies to a proceeding under this Act.

(2) The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—

(a) the chief psychiatrist’s appointment;

(b) an appointment of the administrator of an authorised mental health service;

(c) an authorised doctor’s appointment;

(d) an authorised mental health practitioner’s appointment;

(e) an appointment under section 341 of a health practitioner to perform particular functions;

(f) an inspector’s appointment;

(g) an authorised person’s appointment;

(h) the authority of any of the following persons to do anything under this Act—

(i) the Minister;

(ii) the chief psychiatrist;

(iii) the administrator of an authorised mental health service;

(iv) an authorised doctor;

(v) an authorised mental health practitioner;

(vi) a health practitioner appointed under section 341 to perform particular functions;

(vii) an inspector;

(viii) an authorised person.

(3) A signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be—

(a) the Minister;

(b) the chief psychiatrist;

(c) the president;

(d) the administrator of an authorised mental health service;

(e) an authorised doctor;

(f) an authorised mental health practitioner;

(g) a health practitioner appointed under section 341 to perform particular functions;

(h) an inspector;

(i) an authorised person.

(4) A certificate purporting to be signed by the chief psychiatrist and stating any of the following matters is evidence of the matter—

(a) a stated document is a copy of a document made, given or issued under this Act, including, for example, an authority, order, notice, declaration, direction or decision;

(b) on a stated day, or during a stated period, a stated person was or was not an involuntary patient, a stated type of involuntary patient or a classified patient (voluntary);

(c) a stated place is, or was on a stated day or during a stated period, an authorised mental health service or stated type of authorised mental health service;

(d) on a stated day, a stated person was given or issued a stated document under this Act, including, for example, an authority, order, notice, declaration, direction or decision;

(e) on a stated day, a stated requirement was made of a stated person;

(f) a stated document is a copy of a part of a register kept under this Act.

(5) A document purporting to be signed by a member or the executive officer of the tribunal and to be an order or decision, or copy of an order or decision, of the tribunal, is evidence of the order or decision.