Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 827

827 Existing reviews started other than by an application

(1) This section applies if a following review was started under the repealed Act but not decided before the commencement—

(a) a periodic review or review on the tribunal’s initiative under chapter 6, part 1 of the application of the treatment criteria to a patient for whom an involuntary treatment order was in force;

(b) a periodic review or review on the tribunal’s initiative under chapter 6, part 2 of the detention of a young patient in a high security unit for treatment or care;

(c) a periodic review or review on the tribunal’s initiative under chapter 6, part 3 of a forensic patient’s mental condition;

(d) a periodic review or review on the tribunal’s initiative under chapter 6, part 4 of the mental condition of a person charged with a relevant offence.

(2) The review may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced.

(3) However, the repealed Act, chapter 6, part 5A does not apply for the purposes of the review.

(4) On a review mentioned in subsection (1)(c), if the tribunal confirms the forensic order for the patient, the tribunal must consider each of the following for the purposes of the new Act—

(a) whether to change the category of the forensic order (mental health) or forensic order (disability) to which the person is subject under section 836 or 837;

(b) whether to order or approve, or revoke an existing order or approval for, limited community treatment;

(c) whether the conditions to which the order is subject remain appropriate.

(5) Subsection (4) does not limit the repealed Act, section 203.

(6) In this section

"periodic review" means a review under the repealed Act, section 187(1)(a), 194(1)(a), 200(1)(a) or 209(1).