Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 79

79 Classified patient (involuntary) may become classified patient (voluntary)

(1) This section applies to—

(a) a classified patient (involuntary) who is subject to a recommendation for assessment, if the assessment period for the patient ends and a treatment authority is not made for the patient; or

(b) a classified patient (involuntary) who is subject to a treatment authority, forensic order (mental health) or treatment support order, if the authority or order is revoked.

(2) Despite subsection (1) (b) , this section does not apply if the tribunal—

(a) on revoking the forensic order (mental health), makes either of the following for the patient—

(i) a treatment support order under section 450 ;

(ii) a treatment authority under section 451 (1) (b) ; or

(b) on revoking the treatment support order, makes a treatment authority under section 483 (1) (b) for the patient.

(3) The person may be detained in an inpatient unit of an authorised mental health service as a classified patient (voluntary) if—

(a) an authorised doctor or authorised mental health practitioner is satisfied—

(i) the person has, or may have, a mental illness; and

(ii) 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

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

(4) The person may withdraw consent under subsection (3) (b) at any time.

Note—

If the person withdraws consent, see sections 80 and 83 .

(5) Subsection (4) does not prevent a treatment authority being made under chapter 2 for the person.