Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 74

74 Person subject to examination order or court examination order remaining in authorised mental health service

(1) This section applies if—

(a) a person is transported by an authorised person, under an examination order or a court examination order, from the person’s place of custody to an authorised mental health service; and

(b) the authorised doctor making the examination considers it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; and

(c) either—

(i) the person is subject to a treatment authority, forensic order (mental health) or treatment support order; or

(ii) the person consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.

(2) The person may remain in the inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness if all of the following have been made for the person—

(a) a recommendation in writing by the authorised doctor for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service;

(b) an administrator consent;

(c) a custodian consent.

(3) For subsection (2) (a) , the authorised doctor may make the recommendation only if satisfied the person may have a mental illness and it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an authorised mental health service.

(4) For subsection (2) (b) , the administrator of an authorised mental health service may, in the approved form, consent to the person remaining in an inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness.

(5) The administrator may consent only if satisfied—

(a) the authorised mental health service has capacity to provide treatment and care for the person’s mental illness; and

(b) for an authorised mental health service that is not a high security unit—that providing the treatment and care would not pose an unreasonable risk to the safety of the person or others having regard to—

(i) the person’s mental state and psychiatric history; and

(ii) the person’s treatment and care needs; and

(iii) the security requirements for the person.

(6) For subsection (2) (c) , the custodian of the person must, in the approved form, consent to the person remaining in an inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness.

(7) However, subsection (6) does not apply if the custodian is satisfied that providing the treatment and care would pose an unreasonable risk to the safety of the person or others having regard to the security requirements for the person.

(8) The authorised doctor may detain the person, under the order, in the authorised mental health service for the period, of not more than 7 days, reasonably necessary to obtain an administrator consent and custodian consent for the person.

(9) When a person mentioned in subsection (1) (c) (i) starts receiving treatment and care for the person’s mental illness as a classified patient in the inpatient unit of the authorised mental health service—

(a) if the category of the person’s treatment authority, forensic order (mental health) or treatment support order is community—the category is changed to inpatient; and

(b) if limited community treatment has been authorised for the person by an authorised doctor under section 52 , 57 , 209 , 212 or 216 —the authorisation is revoked; and

(c) if limited community treatment has been approved or ordered by the Mental Health Court or tribunal—the approval or order is of no effect while the person is receiving treatment and care in the inpatient unit.

(10) Also, as soon as practicable after the person remains in the inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness, the authorised doctor must—

(a) tell the person of the making of the recommendation under subsection (2) (a) ; and

(b) explain its effect to the person; and

(c) give the person a copy of the recommendation, if requested.

(11) Subsection (10) (c) does not apply if the authorised doctor considers giving the copy may adversely affect the health and wellbeing of the person.

(12) In this section—

"administrator consent" means consent given under subsection (4) .

"custodian" , of a person, means the custodian of the person immediately before the making of an examination order or a court examination order for the person.

"custodian consent" means consent given under subsection (6) .