Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 723

723 Reports for particular review proceedings

(1) This section applies if the tribunal is reviewing any of the following—

(a) a treatment authority;

(b) a forensic order;

(c) a treatment support order;

(d) a person’s fitness for trial;

(e) the detention of a minor in a high security unit.

(2) The tribunal must ensure a treating practitioner for the person the subject of the review prepares a report, in the approved form, about—

(a) for a review mentioned in subsection (1) (a) , (b) or (c) —the relevant circumstances of the person; and

(b) other matters relevant to a decision the tribunal may make under chapter 12 on the review.

(3) At least 7 days before the hearing of the review, the treating practitioner must give a copy of the report to—

(a) the tribunal; and

(b) the person the subject of the review.

(4) However, the treating practitioner is not required to comply with subsection (3) (b) if the treating practitioner intends to apply to the tribunal for a confidentiality order in relation to the report.

(5) In this section—

"relevant circumstances" , of a person, for a review mentioned in subsection (1) (b) or (c) , includes the nature of the relevant unlawful act and the period of time that has passed since the act happened.

"treating practitioner" , for a person the subject of a review, means—

(a) a psychiatrist treating the person; or

(b) a senior practitioner under the Forensic Disability Act responsible for performing obligations for the person under chapter 2 , part 1 of that Act.