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FORENSIC DISABILITY ACT 2011 NO. 13
TABLE OF PROVISIONS
Contents
CHAPTER 1--PRELIMINARY
Part 1--Introduction
1. Short title
2. Commencement
Part 2--Purpose and application of Act
3. Purpose
4. How purpose is to be achieved
5. Act binds all persons
6. Application of Act
Part 3--Principles for administration of Act
7. General principles
8. Principles for exercising powers and performing functions
Part 4--Interpretation
9. Definitions
10. Who is a forensic disability client
11. What is a cognitive disability
12. What is an intellectual disability
CHAPTER 2--SUPPORT AND DEVELOPMENT OF FORENSIC DISABILITY CLIENTS
Part 1--Individual development plans
13. What is an individual development plan
14. Preparing plan for client
15. Content of plan
16. Senior practitioner must tell client about plan
17. Changing plan
18. Care and support under plan
19. Regular assessment of client
Part 2--Limited community treatment
20. Authorising limited community treatment
21. Limited community treatment on order of tribunal or Mental Health Court
22. What individual development plan must state about limited community treatment
CHAPTER 3--ALLIED PERSONS
23. Who is an allied person
24. Function of allied person
25. Client may choose allied person
26. Who is allied person if client does not have capacity to choose
27. When choice of allied person ends
28. Administrator to give notice of applicable forensic order to allied person
CHAPTER 4--RIGHTS OF FORENSIC DISABILITY CLIENTS AND OTHERS
Part 1--Statement of rights
29. Preparing statement of rights
30. Giving statement of rights to client and allied person
31. Notice of rights
Part 2--Rights of persons other than forensic disability service employees to visit client etc.
32. Visiting and assessing client and consulting about client's care and support
CHAPTER 5--TRANSFER AND TEMPORARY ABSENCE OF FORENSIC DISABILITY CLIENTS
Part 1--Transfer
33. Transfer from forensic disability service to authorised mental health service
34. Transfer if detained temporarily in authorised mental health service
35. Director to give notice of transfer order to tribunal and others
36. Administrator to give notice of transfer order to client and allied person
37. Taking client to authorised mental health service if transferred
38. Giving information about client for facilitating transfer and care and support
39. Continuation of existing forensic order
40. Continuation of matters under applied provisions for client transferred to authorised mental health service
Part 2--Temporary absence
41. Absence of client with director's approval
CHAPTER 6--REGULATION OF BEHAVIOUR CONTROL
Part 1--Preliminary
42. Purpose of ch 6
43. Definitions for ch 6
44. Meaning of behaviour control medication
45. Meaning of restraint
46. Meaning of seclusion
47. Relationship with Disability Services Act
48. Relationship with Guardianship and Administration Act
Part 2--Behaviour control
Division 1--Behaviour control medication
49. Offence to administer behaviour control medication
50. Use of behaviour control medication
51. Obligations of senior practitioner
52. Review of client's behaviour control medication
53. Consent of client not required
Division 2--Restraint
54. Offence to use restraint
55. Approval of appliances for restraint
56. Authorisation of use of restraint
57. Obligations of senior practitioner and authorised practitioner
58. Removal of restraint before authorisation ends
59. Consent of client not required
Division 3--Seclusion
60. Offence to keep client in seclusion
61. When client may be placed in seclusion
62. How authorisation of seclusion is given
63. Obligations of senior practitioner and authorised practitioner
64. Other obligations if authorised practitioner places client in seclusion in urgent circumstances
65. When authorised practitioner may end seclusion or return client to seclusion
66. Ending seclusion on director's order
67. Consent of client not required
Division 4--Other provisions about regulated behaviour controls
68. Use of reasonable force
69. Ensuring client's reasonable needs are met while subject to a regulated behaviour control
70. Observation of client while restrained or secluded
71. Administrator must notify director about prescription of fixed dose behaviour control medication
72. Administrator must notify director about use of other regulated behaviour controls
73. What individual development plan must state about regulated behaviour controls
74. Register of use of regulated behaviour controls
CHAPTER 7--SECURITY OF FORENSIC DISABILITY SERVICE
Part 1--Searching forensic disability clients and possessions
75. Purpose of pt 1
76. Authority to search
77. Carrying out search
78. Seizure of things
79. What happens to thing seized
80. Record of search
81. Compensation for damage to possessions
Part 2--Excluding visitors
82. Administrator may refuse to allow a person to visit a client
83. Who may appeal
84. Procedure for appeal
CHAPTER 8--ADMINISTRATION
Part 1--Director of Forensic Disability
85. Appointment
86. Duration of appointment
87. Functions
88. Powers—general
89. Independence of director
90. Delegation of director's powers
91. Policies and procedures about detention, care and support of clients
92. Giving information about client to director (mental health) or nominee
93. Annual report
94. Acting director
Part 2--Forensic disability service and administrator
95. Declaration of forensic disability service
96. Declaration of administrator of forensic disability service
97. Delegation of administrator's powers
98. Administrator's obligation to ensure forensic order is given effect
99. Administrator's obligation to ensure policies and procedures are given effect
100. Acting administrator
Part 3--Practitioners
101. Appointment of senior practitioners and authorised practitioners by administrator
102. Appointment of administrator as a senior practitioner
103. Powers of senior practitioners and authorised practitioners
104. Appointment of other persons to perform the role of a practitioner
105. Register of practitioners and other persons
Part 4--Authorised officers
106. Appointment of authorised officers
107. Appointment conditions and limit on powers
108. Approval of identity cards
109. When authorised officer ceases to hold office
110. Resignation
111. Powers
CHAPTER 9--ENFORCEMENT, EVIDENCE AND LEGAL PROCEEDINGS
Part 1--Return of forensic disability clients to forensic disability service for care and support
112. Senior practitioner may require return of client
113. Taking client to forensic disability service or authorised mental health service
Part 2--Entry of places
114. Application of pt 2
115. Entry of places
Part 3--Offences
116. Offences relating to ill-treatment
117. Offences relating to forensic disability clients absconding
118. Other offences relating to absence of forensic disability clients
119. Obstruction of official
120. False or misleading documents
Part 4--Confidentiality
121. Confidentiality of information—allied persons
122. Confidentiality of information—other persons
123. Disclosure of confidential information
Part 5--Investigations
124. Authorised officer may visit forensic disability service
125. Authorised officer may require production of documents etc.
Part 6--Evidence and legal proceedings
126. Evidentiary provisions
127. Proceedings for offences
128. Protection of officials from liability
CHAPTER 10--APPLICATION OF MENTAL HEALTH ACT
Part 1--Applied provisions
129. Applications for tribunal order for transfer of client to authorised mental health service
130. Applications for tribunal approval for client to move out of Queensland
131. Reviews by tribunal
132. Tribunal's decision to be given effect
133. Examinations, references and orders for clients charged with offences
134. Forensic information orders
135. Appeals against tribunal decisions
136. Appeals against Mental Health Court decisions on references
137. Inquiries into detention of clients in forensic disability service
138. Participation and representation at tribunal hearings
Part 2--Facilitation of application of applied provisions
139. Application of applied provisions
Part 3--Declaration about other Mental Health Act provisions
140. Operation of provision other than applied provision or excluded provision
CHAPTER 11--5-YEAR REVIEW OF CLIENT'S BENEFIT FROM CARE AND SUPPORT
141. Review by director
142. Transfer from forensic disability service to authorised mental health service
CHAPTER 12--MISCELLANEOUS PROVISIONS
Part 1--Other provisions about administration or use of medication
143. Definition for pt 1
144. Administration of medication for particular purposes
145. Review of client's medication
Part 2--Compliance with particular provisions
146. Compliance with provisions as soon as practicable
147. Compliance with provisions to extent reasonably practicable
148. Administrator taken to have complied with particular requirements
149. Director taken to have complied with particular requirements
Part 3--Other provisions
150. Legal custody of client
151. Taking client to appear before court and return to forensic disability service
152. Care of client detained temporarily in authorised mental health service
153. Official to identify himself or herself before exercising powers
154. Ensuring client understands things told or explained to the client
155. Use of reasonable force
156. Period counted as imprisonment
157. Review of Act
158. Approved forms
159. Regulation-making power
CHAPTER 13--TRANSITIONAL PROVISION
160. Initial director
CHAPTER 14--LEGISLATION AMENDED
Part 1--Amendment of Bail Act 1980
161. Act amended
162. Amendment of s 21 (Sureties)
Part 2--Amendment of Commissions of Inquiry Act 1950
163. Act amended
164. Amendment of s 5B (Attendance of prisoner or patient before commission)
Part 3--Amendment of Coroners Act 2003
165. Act amended
166. Amendment of s 9 (Death in care defined)
167. Amendment of s 10 (Death in custody defined)
168. Amendment of s 47 (Coroner's comments and findings for particular deaths)
Part 4--Amendment of Crime and Misconduct Act 2001
169. Act amended
170. Amendment of s 83 (Notice to attend hearing—prisoner or patient)
Part 5--Amendment of Criminal Code
171. Code amended
172. Amendment of s 145A (Sections 141 to 144 do not apply to certain types of custody)
173. Amendment of s 227C (Persons who are not criminally responsible for offences against ss 227A and 227B)
174. Amendment of s 266 (Prevention of crimes and offences for which an offender may be arrested without warrant—prevention of violence by patients under Mental Health Act 2000)
175. Amendment of s 358 (Unlawful custody of patient under Mental Health Act 2000)
Part 6--Amendment of Criminal Practice Rules 1999
176. Rules amended
177. Amendment of sch 3 (Forms for indictments, informations and complaints—statement of offences under the Code)
Part 7--Amendment of Disability Services Act 2006
178. Act amended
179. Amendment of s 123B (Service providers to which pt 10A applies)
180. Amendment of s 123E (Definitions for pt 10A)
181. Amendment of s 123Q (Chief executive to decide whether multidisciplinary assessment of adult will be conducted)
182. Amendment of s 123T (Participation of psychiatrist in development of plan—adult subject to forensic order or involuntary treatment order)
183. Amendment of s 123X (Requirements for chief executive's decision about whether change should be made)
184. Amendment of s 123Y (Action of chief executive after deciding whether change should be made)
185. Amendment of s 123ZF (Requirements for development of positive behaviour support plan—assessment and consultation)
186. Amendment of s 123ZH (Requirement for relevant service provider to consider whether plan should be changed)
187. Amendment of s 123ZI (Requirement for relevant service provider to notify guardian)
188. Amendment of s 123ZJ (Requirement for relevant service provider to notify director of mental health)
189. Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion)
190. Amendment of sch 7 (Dictionary)
Part 8--Amendment of Guardianship and Administration Act 2000
191. Act amended
192. Amendment of s 29 (Other review of appointment)
193. Amendment of s 80U (Definitions for ch 5B)
194. Amendment of s 80W (Matters tribunal must consider)
195. Amendment of s 80ZA (When containment or seclusion approval may be reviewed)
196. Amendment of s 80ZE (Requirements for giving consent—guardian for restrictive practice (general) matter)
197. Amendment of s 80ZH (When adult guardian may give short term approval for use of containment or seclusion)
198. Amendment of s 80ZP (Who may apply for appointment of guardian for restrictive practice matter)
199. Amendment of s 80ZQ (Who is an active party)
200. Amendment of s 80ZS (Requirements for informal decision makers—consenting to use of restrictive practices)
201. Amendment of s 118 (Tribunal advises persons concerned of hearing)
202. Amendment of s 222 (Definitions for ch 10)
203. Amendment of s 230 (Reports by community visitors)
204. Amendment of s 231 (Appointment)
205. Insertion of new ch 12, pt 12
206. Amendment of sch 4 (Dictionary)
Part 9--Amendment of Guardianship and Administration Regulation 2000
207. Regulation amended
208. Amendment of sch 2 (Visitable sites)
Part 10--Amendment of Limitation of Actions Act 1974
209. Act amended
210. Amendment of s 5 (Interpretation)
Part 11--Amendment of Mental Health Act 2000
211. Act amended
212. Amendment of s 8 (General principles for administration of Act)
213. Amendment of s 9 (Principles for exercising powers and performing functions)
214. Amendment of s 124 (Preparing treatment plan)
215. Amendment of s 131 (What treatment plan must state for limited community treatment)
216. Amendment of s 141 (Meaning of mechanical restraint for div 3)
217. Insertion of new s 141A
218. Amendment of s 144 (How authorisation is given)
219. Insertion of new s 144A
220. Replacement of ss 146 and 147
221. Amendment of s 153 (Seclusion authorised by doctor)
222. Replacement of s 160 (Director may require reports about seclusions)
223. Omission of s 164 (Administration of medication while being moved in an authorised mental health service)
224. Insertion of new ch 5, pt 1, divs 2A and 2B
225. Amendment of s 203 (Decisions on review)
226. Amendment of s 203A (Tribunal may order examination etc.)
227. Amendment of s 204 (Restrictions on review decisions)
228. Insertion of new s 204A
229. Amendment of s 257 (Reference to Mental Health Court)
230. Replacement of s 288 (Mental Health Court may make forensic order)
231. Amendment of s 288A (Effect of new forensic order on existing forensic order)
232. Replacement of ch 7, pt 7, div 2, sdiv 4, hdg (Miscellaneous provisions)
233. Amendment of s 306 (Administrator to give notice of forensic order to patient's allied person)
234. Amendment of s 309A (Policies and practice guidelines about treatment and care of forensic patients etc.)
235. Insertion of new ch 7, pt 7, div 3, sdiv 2
236. Amendment of s 318O (Tribunal may make forensic patient information order)
237. Amendment of s 319 (Decisions to which part applies)
238. Amendment of s 325 (Appeal powers)
239. Amendment of s 383 (Jurisdiction)
240. Amendment of s 389 (Functions)
241. Amendment of s 400 (Registrar's power to require production of documents)
242. Amendment of s 401 (Registrar's power to require person to be brought before Mental Health Court)
243. Amendment of s 410 (Appointment of assistants)
244. Amendment of s 437 (Jurisdiction)
245. Amendment of s 440 (Appointment of members)
246. Amendment of s 447 (Members constituting tribunal for hearings)
247. Amendment of s 448 (When tribunal may be constituted by less than 3 members)
248. Insertion of new s 451A
249. Amendment of s 462 (Appointment of assistants)
250. Insertion of new s 493B
251. Amendment of s 518 (Offences relating to ill-treatment)
252. Amendment of s 519 (Offences relating to patients in custody absconding)
253. Insertion of new ss 541A and 541B
254. Insertion of new ch 16, pt 5
255. Amendment of sch 2 (Dictionary)
Part 12--Amendment of Police Powers and Responsibilities Act 2000
256. Act amended
257. Amendment of sch 1 (Acts not affected by this Act)
Part 13--Amendment of Powers of Attorney Act 1998
258. Act amended
259. Insertion of new s 37A
Part 14--Amendment of Queensland Civil and Administrative Tribunal Act 2009
260. Act amended
261. Insertion of new ch 10
Part 15--Amendment of Queensland Civil and Administrative Tribunal Rules 2009
262. Rules amended
263. Amendment of r 21 (Alternative notice requirements for proceedings about persons with impaired capacity etc.)
Part 16--Amendment of Residential Services (Accreditation) Act 2002
264. Act amended
265. Amendment of s 4 (Meaning of residential service)
Part 17--Amendment of Residential Tenancies and Rooming Accommodation Act 2008
266. Act amended
267. Amendment of s 44 (Rooming accommodation agreements to which Act does not apply)
Part 18--Amendment of Supreme Court of Queensland Act 1991
268. Act amended
269. Insertion of new s 141
CHAPTER 15--OTHER AMENDMENT OF LEGISLATION
270. Legislation amended
SCHEDULE 1 -- ASSESSING INTELLECTUAL FUNCTIONING AND ADAPTIVE BEHAVIOUR
SCHEDULE 2 -- LEGISLATION AMENDED
Part 1--Amendment of this Act
Part 2--Amendment of other legislation
SCHEDULE 3 -- DICTIONARY
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