Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 716

716 Particular proceedings

(1) This section applies to—

(a) a proceeding for a review under chapter 12 ; or

(b) a proceeding for hearing an application under—

(i) chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person; or

(ii) chapter 12 , part 10 , division 1 for approval of the transfer into Queensland of a person subject to an interstate forensic order; or

(iii) chapter 12 , part 10 , division 2 for approval of the transfer out of Queensland of a person subject to a forensic order (mental health), forensic order (disability) or treatment support order; or

(c) an appeal under chapter 13 , part 2 .

(2) The tribunal must be constituted by at least 3, but not more than 5, members of whom—

(a) at least 1 must be a lawyer; and

(b) at least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and

(c) at least 1 person who is not a lawyer or doctor.

(3) However, for a proceeding for a review of a treatment authority for a person or for hearing an application for approval to perform electroconvulsive therapy on a person, the tribunal may be constituted by fewer than 3 members if the president is satisfied—

(a) it is appropriate, expedient and in the person’s best interests to do so; and

(b) for hearing an application for approval to perform electroconvulsive therapy on a person—electroconvulsive therapy has been performed on the person under section 237 or approval to perform electroconvulsive therapy on the person is required urgently.