Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


FORENSIC DISABILITY BILL 2011

           Queensland



Forensic Disability Bill 2011

 


 

 

Queensland Forensic Disability Bill 2011 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 2 Purpose and application of Act 3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 How purpose is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 6 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part 3 Principles for administration of Act 7 General principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8 Principles for exercising powers and performing functions. . . . . . 20 Part 4 Interpretation 9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 10 Who is a forensic disability client . . . . . . . . . . . . . . . . . . . . . . . . . 21 11 What is a cognitive disability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 12 What is an intellectual disability . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Chapter 2 Support and development of forensic disability clients Part 1 Individual development plans 13 What is an individual development plan . . . . . . . . . . . . . . . . . . . . 22 14 Preparing plan for client . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 15 Content of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 16 Senior practitioner must tell client about plan. . . . . . . . . . . . . . . . 26 17 Changing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 18 Care and support under plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 19 Regular assessment of client . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

 


 

Forensic Disability Bill 2011 Contents Part 2 Limited community treatment 20 Authorising limited community treatment . . . . . . . . . . . . . . . . . . . 27 21 Limited community treatment on order of tribunal or Mental Health Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 22 What individual development plan must state about limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Chapter 3 Allied persons 23 Who is an allied person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 24 Function of allied person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 25 Client may choose allied person. . . . . . . . . . . . . . . . . . . . . . . . . . 29 26 Who is allied person if client does not have capacity to choose. . 30 27 When choice of allied person ends . . . . . . . . . . . . . . . . . . . . . . . 30 28 Administrator to give notice of applicable forensic order to allied person .................................... 31 Chapter 4 Rights of forensic disability clients and others Part 1 Statement of rights 29 Preparing statement of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 30 Giving statement of rights to client and allied person. . . . . . . . . . 32 31 Notice of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 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 34 Transfer if detained temporarily in authorised mental health service ...................................... 35 35 Director to give notice of transfer order to tribunal and others . . . 35 36 Administrator to give notice of transfer order to client and allied person ...................................... 36 37 Taking client to authorised mental health service if transferred . . 36 38 Giving information about client for facilitating transfer and care and support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 39 Continuation of existing forensic order . . . . . . . . . . . . . . . . . . . . . 38 40 Continuation of matters under applied provisions for client transferred to authorised mental health service . . . . . . . . . . . . . . 39 Page 2

 


 

Forensic Disability Bill 2011 Contents Part 2 Temporary absence 41 Absence of client with director's approval. . . . . . . . . . . . . . . . . . . 39 Chapter 6 Regulation of behaviour control Part 1 Preliminary 42 Purpose of ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 43 Definitions for ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 44 Meaning of behaviour control medication. . . . . . . . . . . . . . . . . . . 41 45 Meaning of restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 46 Meaning of seclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 47 Relationship with Disability Services Act . . . . . . . . . . . . . . . . . . . 42 48 Relationship with Guardianship and Administration Act . . . . . . . . 42 Part 2 Behaviour control Division 1 Behaviour control medication 49 Offence to administer behaviour control medication . . . . . . . . . . 43 50 Use of behaviour control medication . . . . . . . . . . . . . . . . . . . . . . 43 51 Obligations of senior practitioner . . . . . . . . . . . . . . . . . . . . . . . . . 43 52 Review of client's behaviour control medication . . . . . . . . . . . . . . 44 53 Consent of client not required . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 2 Restraint 54 Offence to use restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 55 Approval of appliances for restraint . . . . . . . . . . . . . . . . . . . . . . . 45 56 Authorisation of use of restraint . . . . . . . . . . . . . . . . . . . . . . . . . . 45 57 Obligations of senior practitioner and authorised practitioner . . . 46 58 Removal of restraint before authorisation ends . . . . . . . . . . . . . . 46 59 Consent of client not required . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 3 Seclusion 60 Offence to keep client in seclusion . . . . . . . . . . . . . . . . . . . . . . . . 47 61 When client may be placed in seclusion. . . . . . . . . . . . . . . . . . . . 47 62 How authorisation of seclusion is given . . . . . . . . . . . . . . . . . . . . 48 63 Obligations of senior practitioner and authorised practitioner . . . 49 64 Other obligations if authorised practitioner places client in seclusion in urgent circumstances . . . . . . . . . . . . . . . . . . . . . . . . 49 65 When authorised practitioner may end seclusion or return client to seclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 66 Ending seclusion on director's order . . . . . . . . . . . . . . . . . . . . . . 51 67 Consent of client not required . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Page 3

 


 

Forensic Disability Bill 2011 Contents Division 4 Other provisions about regulated behaviour controls 68 Use of reasonable force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 69 Ensuring client's reasonable needs are met while subject to a regulated behaviour control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 70 Observation of client while restrained or secluded . . . . . . . . . . . . 52 71 Administrator must notify director about prescription of fixed dose behaviour control medication. . . . . . . . . . . . . . . . . . . . . . . . 52 72 Administrator must notify director about use of other regulated behaviour controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 73 What individual development plan must state about regulated behaviour controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 74 Register of use of regulated behaviour controls . . . . . . . . . . . . . . 53 Chapter 7 Security of forensic disability service Part 1 Searching forensic disability clients and possessions 75 Purpose of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 76 Authority to search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 77 Carrying out search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 78 Seizure of things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 79 What happens to thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 80 Record of search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 81 Compensation for damage to possessions . . . . . . . . . . . . . . . . . 58 Part 2 Excluding visitors 82 Administrator may refuse to allow a person to visit a client . . . . . 58 83 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 84 Procedure for appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Chapter 8 Administration Part 1 Director of Forensic Disability 85 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 86 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 87 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 88 Powers--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 89 Independence of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 90 Delegation of director's powers . . . . . . . . . . . . . . . . . . . . . . . . . . 61 91 Policies and procedures about detention, care and support of clients ...................................... 61 92 Giving information about client to director (mental health) or nominee ..................................... 62 93 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Page 4

 


 

Forensic Disability Bill 2011 Contents 94 Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Part 2 Forensic disability service and administrator 95 Declaration of forensic disability service . . . . . . . . . . . . . . . . . . . 63 96 Declaration of administrator of forensic disability service. . . . . . . 63 97 Delegation of administrator's powers . . . . . . . . . . . . . . . . . . . . . . 63 98 Administrator's obligation to ensure forensic order is given effect 63 99 Administrator's obligation to ensure policies and procedures are given effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 100 Acting administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 3 Practitioners 101 Appointment of senior practitioners and authorised practitioners by administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 102 Appointment of administrator as a senior practitioner . . . . . . . . . 65 103 Powers of senior practitioners and authorised practitioners . . . . . 65 104 Appointment of other persons to perform the role of a practitioner .................................. 66 105 Register of practitioners and other persons . . . . . . . . . . . . . . . . . 66 Part 4 Authorised officers 106 Appointment of authorised officers. . . . . . . . . . . . . . . . . . . . . . . . 67 107 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 67 108 Approval of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 109 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 68 110 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 111 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 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. . . . . . . . . . . . . . . 69 113 Taking client to forensic disability service or authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Part 2 Entry of places 114 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 115 Entry of places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Part 3 Offences 116 Offences relating to ill-treatment. . . . . . . . . . . . . . . . . . . . . . . . . . 73 117 Offences relating to forensic disability clients absconding . . . . . . 73 118 Other offences relating to absence of forensic disability clients . . 74 Page 5

 


 

Forensic Disability Bill 2011 Contents 119 Obstruction of official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 120 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Part 4 Confidentiality 121 Confidentiality of information--allied persons . . . . . . . . . . . . . . . 76 122 Confidentiality of information--other persons . . . . . . . . . . . . . . . 77 123 Disclosure of confidential information. . . . . . . . . . . . . . . . . . . . . . 78 Part 5 Investigations 124 Authorised officer may visit forensic disability service . . . . . . . . . 79 125 Authorised officer may require production of documents etc. . . . 80 Part 6 Evidence and legal proceedings 126 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 127 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 128 Protection of officials from liability . . . . . . . . . . . . . . . . . . . . . . . . 82 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 130 Applications for tribunal approval for client to move out of Queensland .................................. 84 131 Reviews by tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 132 Tribunal's decision to be given effect . . . . . . . . . . . . . . . . . . . . . . 84 133 Examinations, references and orders for clients charged with offences .................................... 84 134 Forensic information orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 135 Appeals against tribunal decisions . . . . . . . . . . . . . . . . . . . . . . . . 85 136 Appeals against Mental Health Court decisions on references . . 85 137 Inquiries into detention of clients in forensic disability service . . . 86 138 Participation and representation at tribunal hearings . . . . . . . . . . 86 Part 2 Facilitation of application of applied provisions 139 Application of applied provisions . . . . . . . . . . . . . . . . . . . . . . . . . 86 Part 3 Declaration about other Mental Health Act provisions 140 Operation of provision other than applied provision or excluded provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Chapter 11 5-year review of client's benefit from care and support 141 Review by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 142 Transfer from forensic disability service to authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Page 6

 


 

Forensic Disability Bill 2011 Contents Chapter 12 Miscellaneous provisions Part 1 Other provisions about administration or use of medication 143 Definition for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 144 Administration of medication for particular purposes . . . . . . . . . . 91 145 Review of client's medication . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Part 2 Compliance with particular provisions 146 Compliance with provisions as soon as practicable . . . . . . . . . . . 93 147 Compliance with provisions to extent reasonably practicable . . . 93 148 Administrator taken to have complied with particular requirements .................................. 93 149 Director taken to have complied with particular requirements . . . 94 Part 3 Other provisions 150 Legal custody of client . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 151 Taking client to appear before court and return to forensic disability service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 152 Care of client detained temporarily in authorised mental health service ...................................... 95 153 Official to identify himself or herself before exercising powers . . . 96 154 Ensuring client understands things told or explained to the client 96 155 Use of reasonable force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 156 Period counted as imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . 98 157 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 158 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 159 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Chapter 13 Transitional provision 160 Initial director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Chapter 14 Legislation amended Part 1 Amendment of Bail Act 1980 161 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 162 Amendment of s 21 (Sureties) . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Part 2 Amendment of Commissions of Inquiry Act 1950 163 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 164 Amendment of s 5B (Attendance of prisoner or patient before commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Part 3 Amendment of Coroners Act 2003 165 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 166 Amendment of s 9 (Death in care defined). . . . . . . . . . . . . . . . . . 102 Page 7

 


 

Forensic Disability Bill 2011 Contents 167 Amendment of s 10 (Death in custody defined) . . . . . . . . . . . . . . 103 Part 4 Amendment of Crime and Misconduct Act 2001 169 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 170 Amendment of s 83 (Notice to attend hearing--prisoner or patient) ....................................... 104 Part 5 Amendment of Criminal Code 171 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 172 Amendment of s 145A (Sections 141 to 144 do not apply to certain types of custody) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 173 Amendment of s 227C (Persons who are not criminally responsible for offences against ss 227A and 227B) . . . . . . . . . . 106 Part 6 Amendment of Criminal Practice Rules 1999 176 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 177 Amendment of sch 3 (Forms for indictments, informations and complaints--statement of offences under the Code) . . . . . . . . . . 107 Part 7 Amendment of Disability Services Act 2006 178 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 180 Amendment of s 123E (Definitions for pt 10A) . . . . . . . . . . . . . . . 108 181 Amendment of s 123Q (Chief executive to decide whether multidisciplinary assessment of adult will be conducted) . . . . . . . 108 182 Amendment of s 123T (Participation of psychiatrist in development of plan--adult subject to forensic order or involuntary treatment order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 183 Amendment of s 123X (Requirements for chief executive's decision about whether change should be made) . . . . . . . . . . . . 109 184 Amendment of s 123Y (Action of chief executive after deciding whether change should be made) . . . . . . . . . . . . . . . . . . . . . . . . 110 185 Amendment of s 123ZF (Requirements for development of positive behaviour support plan--assessment and consultation) 110 186 Amendment of s 123ZH (Requirement for relevant service provider to consider whether plan should be changed) . . . . . . . . 111 187 Amendment of s 123ZI (Requirement for relevant service provider to notify guardian). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 188 Amendment of s 123ZJ (Requirement for relevant service provider to notify director of mental health) . . . . . . . . . . . . . . . . . 112 189 Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion) . . . . . . 113 190 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 113 Part 8 Amendment of Guardianship and Administration Act 2000 191 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Page 8

 


 

Forensic Disability Bill 2011 Contents 192 Amendment of s 29 (Other review of appointment) . . . . . . . . . . . 114 193 Amendment of s 80U (Definitions for ch 5B) . . . . . . . . . . . . . . . . 114 194 Amendment of s 80W (Matters tribunal must consider) . . . . . . . . 114 195 Amendment of s 80ZA (When containment or seclusion approval may be reviewed). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 196 Amendment of s 80ZE (Requirements for giving consent--guardian for restrictive practice (general) matter) . . . . 115 197 Amendment of s 80ZH (When adult guardian may give short term approval for use of containment or seclusion) . . . . . . . . . . . 116 198 Amendment of s 80ZP (Who may apply for appointment of guardian for restrictive practice matter) . . . . . . . . . . . . . . . . . . . . 116 199 Amendment of s 80ZQ (Who is an active party) . . . . . . . . . . . . . 116 200 Amendment of s 80ZS (Requirements for informal decision makers--consenting to use of restrictive practices) . . . . . . . . . . . 116 201 Amendment of s 118 (Tribunal advises persons concerned of hearing) ................................... 117 202 Amendment of s 222 (Definitions for ch 10) . . . . . . . . . . . . . . . . . 117 203 Amendment of s 230 (Reports by community visitors). . . . . . . . . 117 204 Amendment of s 231 (Appointment). . . . . . . . . . . . . . . . . . . . . . . 117 205 Insertion of new ch 12, pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Part 12 Transitional provision for Forensic Disability Act 2011 270 Amendment of regulation by Forensic Disability Act 2011 does not affect powers of Governor in Council . 118 206 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 118 Part 9 Amendment of Guardianship and Administration Regulation 2000 207 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 208 Amendment of sch 2 (Visitable sites) . . . . . . . . . . . . . . . . . . . . . . 119 Part 10 Amendment of Limitation of Actions Act 1974 209 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 210 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 119 Part 11 Amendment of Mental Health Act 2000 211 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 212 Amendment of s 8 (General principles for administration of Act) . 120 213 Amendment of s 9 (Principles for exercising powers and performing functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 214 Amendment of s 124 (Preparing treatment plan) . . . . . . . . . . . . . 120 Page 9

 


 

Forensic Disability Bill 2011 Contents 215 Amendment of s 131 (What treatment plan must state for limited community treatment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 216 Amendment of s 141 (Meaning of mechanical restraint for div 3) 121 217 Insertion of new s 141A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 141A Approval of mechanical appliances . . . . . . . . . . . . . . 122 218 Amendment of s 144 (How authorisation is given) . . . . . . . . . . . . 122 219 Insertion of new s 144A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 144A Use of reasonable force . . . . . . . . . . . . . . . . . . . . . . . 122 220 Replacement of ss 146 and 147. . . . . . . . . . . . . . . . . . . . . . . . . . 122 146 Removal of restraint before authorisation ends . . . . . 123 147 Administrator must notify director about mechanical restraint ........................... 123 221 Amendment of s 153 (Seclusion authorised by doctor) . . . . . . . . 123 222 Replacement of s 160 (Director may require reports about seclusions) ................................ 124 159A Ending seclusion on director's order . . . . . . . . . . . . . 124 160 Administrator must notify director about seclusions . . 124 223 Omission of s 164 (Administration of medication while being moved in an authorised mental health service) . . . . . . . . . . . . . . 124 224 Insertion of new ch 5, pt 1, divs 2A and 2B . . . . . . . . . . . . . . . . . 124 Division 2A Transfers from authorised mental health service to forensic disability service Subdivision 1 Transfer order by director 169A Transfer order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 169B Director to give notice of transfer order to tribunal and others .......................... 125 169C Administrator to give notice of transfer order to patient and allied person . . . . . . . . . . . . . . . . . . . . . . 126 Subdivision 2 Application to tribunal for transfer order 169D Application for order . . . . . . . . . . . . . . . . . . . . . . . . . . 126 169E Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 169F Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 127 169G Decision on application . . . . . . . . . . . . . . . . . . . . . . . 127 169H Certificate of forensic disability service availability. . . 128 169I Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Subdivision 3 Taking patient to forensic disability service etc. 169J Taking patient to forensic disability service . . . . . . . . 130 Page 10

 


 

Forensic Disability Bill 2011 Contents 169K Giving information about patient for facilitating transfer and care . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Subdivision 4 Continuation of forensic order and particular procedures for patient transferred to forensic disability service 169L Continuation of existing forensic order . . . . . . . . . . . . 132 169M Continuation of matters under particular provisions for patient transferred to forensic disability service . . 133 Division 2B Administration of medication for particular purposes 169N Administration of medication . . . . . . . . . . . . . . . . . . . 134 225 Amendment of s 203 (Decisions on review) . . . . . . . . . . . . . . . . . 135 226 Amendment of s 203A (Tribunal may order examination etc.) . . . 136 227 Amendment of s 204 (Restrictions on review decisions) . . . . . . . 137 228 Insertion of new s 204A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 204A Certificate of forensic disability service availability. . . 138 229 Amendment of s 257 (Reference to Mental Health Court) . . . . . . 139 230 Replacement of s 288 (Mental Health Court may make forensic order) ....................................... 139 288 Mental Health Court may make forensic order . . . . . . 139 288AA Certificate of forensic disability service availability. . . 141 231 Amendment of s 288A (Effect of new forensic order on existing forensic order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 232 Replacement of ch 7, pt 7, div 2, sdiv 4, hdg (Miscellaneous provisions) .................................... 143 233 Amendment of s 306 (Administrator to give notice of forensic order to patient's allied person) . . . . . . . . . . . . . . . . . . . . . . . . . . 143 234 Amendment of s 309A (Policies and practice guidelines about treatment and care of forensic patients etc.) . . . . . . . . . . . . . . . . 143 235 Insertion of new ch 7, pt 7, div 3, sdiv 2 . . . . . . . . . . . . . . . . . . . . 144 Subdivision 2 Temporary detention of particular forensic disability clients 309B Temporary detention in authorised mental health service ............................... 144 309C Application of existing forensic order . . . . . . . . . . . . . 145 236 Amendment of s 318O (Tribunal may make forensic patient information order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 237 Amendment of s 319 (Decisions to which part applies) . . . . . . . . 147 238 Amendment of s 325 (Appeal powers) . . . . . . . . . . . . . . . . . . . . . 148 239 Amendment of s 383 (Jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . 148 Page 11

 


 

Forensic Disability Bill 2011 Contents 240 Amendment of s 389 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 148 241 Amendment of s 400 (Registrar's power to require production of documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 242 Amendment of s 401 (Registrar's power to require person to be brought before Mental Health Court) . . . . . . . . . . . . . . . . . . . . . . 149 243 Amendment of s 410 (Appointment of assistants) . . . . . . . . . . . . 149 244 Amendment of s 437 (Jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . 150 245 Amendment of s 440 (Appointment of members). . . . . . . . . . . . . 150 246 Amendment of s 447 (Members constituting tribunal for hearings) .................................... 151 247 Amendment of s 448 (When tribunal may be constituted by less than 3 members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 248 Insertion of new s 451A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 451A Right of appearance--application for order for transfer to forensic disability service. . . . . . . . . . . . . . 152 249 Amendment of s 462 (Appointment of assistants) . . . . . . . . . . . . 153 250 Insertion of new s 493B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 493B Giving information about patient to director (forensic disability) or nominee . . . . . . . . . . . . . . . . . . . . . . . . . 153 251 Amendment of s 518 (Offences relating to ill-treatment) . . . . . . . 154 252 Amendment of s 519 (Offences relating to patients in custody absconding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 253 Insertion of new ss 541A and 541B . . . . . . . . . . . . . . . . . . . . . . . 154 541A Ensuring patient understands things told or explained to the patient . . . . . . . . . . . . . . . . . . . . . . . 154 541B Effect of order for transfer on forensic order . . . . . . . . 155 254 Insertion of new ch 16, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Part 5 Transitional provisions for Forensic Disability Act 2011 Division 1 Initial transfer of patients to forensic disability service 602 Transfer order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 603 Director to give notice of transfer order to tribunal and others ............................. 156 604 Administrator to give notice of transfer order to patient and allied person . . . . . . . . . . . . . . . . . . . . . . 157 605 Continuation of existing forensic order . . . . . . . . . . . . 157 Division 2 Changing existing forensic order 606 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 607 Application for order changing existing forensic order 158 Page 12

 


 

Forensic Disability Bill 2011 Contents 608 Court's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 609 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 610 Relevant director to give notice of decision to relevant administrator . . . . . . . . . . . . . . . . . . . . . . . . . 162 611 Effect of order on existing forensic order . . . . . . . . . . 162 612 Appeal against Mental Health Court decision . . . . . . 162 Division 3 Other provisions 613 Declaration and validation concerning special notification forensic patients . . . . . . . . . . . . . . . . . . . . 163 614 References to forensic patient information . . . . . . . . . 163 615 References to forensic patient information orders . . . 164 616 Orders made under s 318O(1) before commencement ....................... 164 617 Provision about Mental Health Regulation 2002 . . . . 164 255 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 164 Part 12 Amendment of Police Powers and Responsibilities Act 2000 256 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 257 Amendment of sch 1 (Acts not affected by this Act). . . . . . . . . . . 170 Part 13 Amendment of Powers of Attorney Act 1998 258 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 259 Insertion of new s 37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 37A Act's relationship with Forensic Disability Act. . . . . . . 170 Part 14 Amendment of Queensland Civil and Administrative Tribunal Act 2009 260 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 261 Insertion of new ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 Chapter 10 Transitional provision for Forensic Disability Act 2011 283 Transitional provision for Forensic Disability Act 2011 171 Part 15 Amendment of Queensland Civil and Administrative Tribunal Rules 2009 262 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 263 Amendment of r 21 (Alternative notice requirements for proceedings about persons with impaired capacity etc.) . . . . . . . 172 Part 16 Amendment of Residential Services (Accreditation) Act 2002 264 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 265 Amendment of s 4 (Meaning of residential service) . . . . . . . . . . . 173 Page 13

 


 

Forensic Disability Bill 2011 Contents Part 17 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 266 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Part 18 Amendment of Supreme Court of Queensland Act 1991 268 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 269 Insertion of new s 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 141 Transitional provision for Forensic Disability Act 2011 174 Chapter 15 Other amendment of legislation 270 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Schedule 1 Assessing intellectual functioning and adaptive behaviour . 175 Schedule 2 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Part 1 Amendment of this Act Part 2 Amendment of other legislation Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 177 Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 178 Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 178 Mental Health Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Mental Health Regulation 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Page 14

 


 

2011 A Bill for An Act to provide for the involuntary detention, and the care and support and protection, of particular people with an intellectual or cognitive disability, and to make minor or consequential amendments of this Act and the Bail Act 1980, Child Protection (Offender Reporting) Act 2004, Child Protection (Offender Prohibition Order) Act 2008, Commissions of Inquiry Act 1950, Coroners Act 2003, Crime and Misconduct Act 2001, Criminal Code, Criminal Practice Rules 1999, Disability Services Act 2006, Guardianship and Administration Act 2000, Guardianship and Administration Regulation 2000, Limitation of Actions Act 1974, Mental Health Act 2000, Mental Health Regulation 2002, Police Powers and Responsibilities Act 2000, Powers of Attorney Act 1998, Queensland Civil and Administrative Tribunal Act 2009, Queensland Civil and Administrative Tribunal Rules 2009, Residential Services (Accreditation) Act 2002, Residential Tenancies and Rooming Accommodation Act 2008 and Supreme Court of Queensland Act 1991

 


 

Forensic Disability Bill 2011 Chapter 1 Preliminary Part 1 Introduction [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 Part 1 Introduction 3 1 Short title 4 This Act may be cited as the Forensic Disability Act 2011. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Purpose and application of Act 8 3 Purpose 9 The purpose of this Act is to provide for the involuntary 10 detention, and the care and support and protection, of forensic 11 disability clients, while at the same time-- 12 (a) safeguarding their rights and freedoms; and 13 (b) balancing their rights and freedoms with the rights and 14 freedoms of other people; and 15 (c) promoting their individual development and enhancing 16 their opportunities for quality of life; and 17 (d) maximising their opportunities for reintegration into the 18 community. 19 Page 16

 


 

Forensic Disability Bill 2011 Chapter 1 Preliminary Part 2 Purpose and application of Act [s 4] Note-- 1 See section 10 for who is a forensic disability client. 2 4 How purpose is to be achieved 3 The purpose of this Act is to be achieved mainly by-- 4 (a) stating the human rights and other principles applying to 5 the administration of this Act in relation to forensic 6 disability clients; and 7 (b) providing for the detention, admission, assessment, care 8 and support and protection of clients; and 9 (c) providing for a multidisciplinary model of care and 10 support for clients that is designed to promote their 11 continual development, independence and quality of 12 life; and 13 (d) when making a decision under this Act about a client, 14 taking into account each of the following-- 15 (i) the protection of the community; 16 (ii) the needs of a victim of the alleged offence to 17 which the applicable forensic order relates; 18 (iii) the client's individual development plan, including 19 any limited community treatment. 20 5 Act binds all persons 21 (1) This Act binds all persons, including the State and, as far as 22 the legislative power of the Parliament permits, the 23 Commonwealth and all the other States. 24 (2) Nothing in this Act makes the State liable to be prosecuted for 25 an offence. 26 6 Application of Act 27 This Act does not prevent a person who is receiving care and 28 support in the forensic disability service under a forensic 29 Page 17

 


 

Forensic Disability Bill 2011 Chapter 1 Preliminary Part 3 Principles for administration of Act [s 7] order (Mental Health Court--Disability) continuing to receive 1 care and support in the service after the order ends. 2 Part 3 Principles for administration of 3 Act 4 7 General principles 5 The following principles apply for the administration of this 6 Act in relation to forensic disability clients-- 7 (a) Same human rights 8 the right of all people to the same basic human 9 rights must be recognised and taken into account 10 a person's right to respect for the person's human 11 worth and dignity as an individual, and as part of 12 human diversity and humanity, must be recognised 13 and taken into account 14 a person's right to live a life free from abuse, 15 neglect or exploitation must be recognised and 16 taken into account 17 people with a disability should be empowered to 18 exercise their rights 19 (b) Promoting habilitation and rehabilitation 20 to the greatest extent practicable, a person is to be 21 supported to promote the person's development 22 potential and physical, mental, social and 23 vocational ability, and to enhance the person's 24 quality of life 25 support and services provided to a person under 26 this Act must promote the person's opportunities 27 for participation and inclusion in the community 28 Page 18

 


 

Forensic Disability Bill 2011 Chapter 1 Preliminary Part 3 Principles for administration of Act [s 7] (c) Meeting individual needs and goals 1 services provided to a person under this Act should 2 be responsive to the person's needs and goals 3 a person's physical, age-related, gender-related, 4 religious, cultural, language, communication and 5 other needs must be taken into account 6 Example of other needs-- 7 needs arising because of the person's community of origin 8 (d) Maintaining supportive relationships and 9 community participation 10 care and support provided to a person under this 11 Act must take into account the importance of the 12 person's continued participation in community life 13 and maintenance of supportive relationships 14 (e) Matters to be considered in making decisions 15 a person is to be encouraged and supported to take 16 part in making decisions affecting the person's life, 17 especially decisions about the services to be 18 provided to the person under this Act 19 in making a decision about a person, the person's 20 views, the views of any guardian or informal 21 decision-maker for the person, and the effect on 22 the person's family or carers must be taken into 23 account 24 Example-- 25 a decision under section 33 or 34 for a transfer order for a 26 person who is a forensic disability client 27 a person is presumed to have capacity to make 28 decisions about the person's care and support and 29 choice of an allied person 30 Page 19

 


 

Forensic Disability Bill 2011 Chapter 1 Preliminary Part 3 Principles for administration of Act [s 8] (f) Providing support and information for exercising 1 rights 2 a person must be provided with necessary support, 3 and necessary information in an appropriate 4 accessible format, to enable the person to exercise 5 rights under this Act 6 Example of necessary support and information-- 7 support and information facilitating access to necessary 8 independent help to represent the person's point of view 9 (g) Confidentiality 10 a person's right to confidentiality of information 11 about the person must be recognised and taken into 12 account. 13 Note-- 14 See chapter 9, part 4 for provisions about confidentiality. 15 8 Principles for exercising powers and performing 16 functions 17 A power or function under this Act relating to a forensic 18 disability client must be exercised or performed so that-- 19 (a) the client's liberty and rights are adversely affected only 20 if it is the least restrictive way to protect the client's 21 health and safety or to protect others; and 22 (b) any adverse effect on the client's liberty and rights is the 23 minimum necessary in the circumstances. 24 Page 20

 


 

Forensic Disability Bill 2011 Chapter 1 Preliminary Part 4 Interpretation [s 9] Part 4 Interpretation 1 9 Definitions 2 The dictionary in schedule 3 defines particular words used in 3 this Act. 4 10 Who is a forensic disability client 5 (1) A forensic disability client is an adult with an intellectual or 6 cognitive disability for whom a forensic order (Mental Health 7 Court--Disability) is in force for the person's detention in the 8 forensic disability service. 9 (2) A forensic order mentioned in subsection (1) includes an 10 order that, under the Mental Health Act, section 169L or 605, 11 applies to the client as if it were an order for the client's 12 detention in the forensic disability service. 13 (3) If a person who is a forensic disability client is transferred to 14 an authorised mental health service under section 33(1) or (3), 15 the person remains a forensic disability client until admitted to 16 the authorised mental health service. 17 (4) If a person who is a forensic disability client is detained 18 temporarily in an authorised mental health service under the 19 Mental Health Act, section 309B, the person remains a 20 forensic disability client until a transfer order for the person is 21 made under section 34(2) or by the tribunal or Mental Health 22 Court under the Mental Health Act. 23 Note-- 24 See, however, section 152 for the person's care (within the meaning of 25 the Mental Health Act) while detained temporarily in the authorised 26 mental health service. 27 (5) To remove any doubt, it is declared that a person who is a 28 forensic disability client remains a forensic disability client 29 while undertaking any limited community treatment under 30 this Act. 31 Page 21

 


 

Forensic Disability Bill 2011 Chapter 2 Support and development of forensic disability clients Part 1 Individual development plans [s 11] 11 What is a cognitive disability 1 A cognitive disability is a condition that is-- 2 (a) attributable to a cognitive impairment; and 3 (b) a disability within the meaning of the Disability 4 Services Act. 5 12 What is an intellectual disability 6 (1) An intellectual disability is a disability within the meaning of 7 the Disability Services Act that-- 8 (a) is characterised by significant limitations in intellectual 9 functioning and adaptive behaviour; and 10 (b) originates in a person before the age of 18. 11 (2) Schedule 1 provides for assessing a person's intellectual 12 functioning and adaptive behaviour for subsection (1)(a). 13 Chapter 2 Support and development 14 of forensic disability clients 15 Part 1 Individual development plans 16 13 What is an individual development plan 17 (1) An individual development plan is a written plan, complying 18 with this Act, developed following a multidisciplinary 19 assessment of a forensic disability client and designed-- 20 (a) to promote the client's development, habilitation and 21 rehabilitation; and 22 (b) to provide for the client's care and support; and 23 Page 22

 


 

Forensic Disability Bill 2011 Chapter 2 Support and development of forensic disability clients Part 1 Individual development plans [s 14] (c) when appropriate, to support the client's reintegration 1 into the community. 2 Note-- 3 See section 15 for the content of the plan. 4 (2) In this section-- 5 multidisciplinary assessment means an assessment by 2 or 6 more persons-- 7 (a) with the qualifications or experience appropriate to 8 conduct the assessment; and 9 (b) whose qualifications or experience are in different 10 disciplines. 11 Examples of persons who may have the appropriate qualifications or 12 experience for conducting the assessment-- 13 behaviour specialists, doctors, psychologists, psychiatrists, speech and 14 language pathologists, occupational therapists, registered nurses, social 15 workers 16 14 Preparing plan for client 17 (1) A senior practitioner must ensure an individual development 18 plan is prepared for a forensic disability client. 19 (2) For preparing the plan, the senior practitioner must consult 20 with and consider the views of the following persons-- 21 (a) the client; 22 (b) if the client has a guardian or an informal 23 decision-maker--the guardian or informal 24 decision-maker, or each of those persons, as the case 25 may be; 26 (c) anyone else the senior practitioner considers to be 27 integral to the plan's preparation. 28 Example-- 29 a family member who is part of the client's support network, the 30 client's allied person or an advocate for the client 31 Page 23

 


 

Forensic Disability Bill 2011 Chapter 2 Support and development of forensic disability clients Part 1 Individual development plans [s 15] (3) The plan must be prepared having regard to any relevant 1 policies and procedures about the care and support and 2 protection of forensic disability clients issued by the director 3 under this Act. 4 (4) The plan must also take into account any relevant plans or 5 advance health directive for the client. 6 (5) Despite subsection (2)(b), the senior practitioner is not 7 required to consult with a person who is an informal 8 decision-maker for the client if-- 9 (a) the senior practitioner is not, and could not reasonably 10 be expected to be, aware the person is an informal 11 decision-maker for the client; or 12 (b) after taking all reasonable steps, the senior practitioner 13 can not locate the person. 14 (6) In this section-- 15 relevant plans include the following-- 16 (a) an individual development plan; 17 (b) a positive behaviour support plan within the meaning of 18 the Disability Services Act; 19 (c) for a client transferred from an authorised mental health 20 service to the forensic disability service--any treatment 21 plan under the Mental Health Act applying to the client 22 immediately before the transfer. 23 15 Content of plan 24 (1) The individual development plan must state each of the 25 following-- 26 (a) an outline of the proposed arrangements for the 27 provision of programs or services for-- 28 (i) promoting the client's development, habilitation, 29 rehabilitation and quality of life; and 30 Page 24

 


 

Forensic Disability Bill 2011 Chapter 2 Support and development of forensic disability clients Part 1 Individual development plans [s 15] (ii) reducing the intensity, frequency and duration of 1 the client's behaviour that places the client's health 2 or safety or the safety of others at risk; and 3 (iii) when appropriate, supporting the client's 4 reintegration into the community; 5 Examples of programs or services for paragraph (a)-- 6 programs for developing communication skills, motor 7 skills, life skills or a combination of those skills 8 programs that encourage positive behaviour 9 (b) an outline of the proposed plan for the client's transition 10 to participation and inclusion in the community; 11 (c) the intervals for regularly reviewing and, if necessary, 12 changing the plan to ensure its continued 13 appropriateness for promoting the client's development 14 and independence and supporting the client to 15 participate and to be included in the community; 16 (d) the intervals for the client's regular assessment. 17 Note-- 18 Section 19 deals with the client's regular assessment. 19 (2) The plan must include a risk management plan for the client. 20 (3) The plan must also-- 21 (a) include the details of any medication prescribed for the 22 client by a doctor; and 23 (b) state the intervals, of not more than 3 months, for 24 regularly reviewing the client's medication as required 25 under sections 52 and 145. 26 Note-- 27 See also section 22 for what the plan must include about limited 28 community treatment. 29 Page 25

 


 

Forensic Disability Bill 2011 Chapter 2 Support and development of forensic disability clients Part 1 Individual development plans [s 16] 16 Senior practitioner must tell client about plan 1 (1) A senior practitioner must talk to the client about the client's 2 care and support under the individual development plan. 3 (2) If the client has a guardian or an informal decision-maker, a 4 senior practitioner must also talk to the guardian or informal 5 decision-maker, or each of those persons, as the case may be, 6 about the client's care and support under the plan. 7 Note-- 8 See section 146 about complying with provisions as soon as practicable, 9 section 147 about complying with provisions to the extent reasonably 10 practicable and section 154 about ensuring the client understands things 11 told or explained to the client. 12 17 Changing plan 13 (1) A senior practitioner, or an authorised practitioner authorised 14 for the purpose by a senior practitioner, may change the 15 client's individual development plan. 16 (2) For changing the plan under subsection (1), section 14(2) to 17 (5) applies as if-- 18 (a) a reference in those provisions to preparing an 19 individual development plan were a reference to 20 changing an individual development plan; and 21 (b) a reference in those provisions to a senior practitioner 22 included a reference to the authorised practitioner. 23 (3) A senior practitioner must change the client's individual 24 development plan-- 25 (a) to give effect to a decision or order of the tribunal or 26 Mental Health Court; or 27 (b) to comply with section 22 or 73. 28 (4) A senior practitioner or authorised practitioner mentioned in 29 subsection (1) who changes the client's individual 30 development plan must-- 31 Page 26

 


 

Forensic Disability Bill 2011 Chapter 2 Support and development of forensic disability clients Part 2 Limited community treatment [s 18] (a) make a written record of the change and the reasons for 1 it; and 2 (b) talk to the client about the change and reasons. 3 (5) If the client has a guardian or an informal decision-maker, a 4 senior practitioner must also talk to the guardian or informal 5 decision-maker, or each of those persons, as the case may be, 6 about the change and the reasons for it. 7 Note-- 8 See section 146 about complying with provisions as soon as practicable, 9 section 147 about complying with provisions to the extent reasonably 10 practicable and section 154 about ensuring the client understands things 11 told or explained to the client. 12 18 Care and support under plan 13 The administrator must ensure the client receives care and 14 support and protection as required under the individual 15 development plan. 16 19 Regular assessment of client 17 (1) The administrator must ensure a senior practitioner carries out 18 regular assessments of the client as required under the 19 individual development plan. 20 (2) A senior practitioner carrying out an assessment of the client 21 must record details of it in the client's file. 22 Part 2 Limited community treatment 23 20 Authorising limited community treatment 24 (1) A senior practitioner may, for a forensic disability client's 25 individual development plan, authorise limited community 26 treatment for the client. 27 Page 27

 


 

Forensic Disability Bill 2011 Chapter 2 Support and development of forensic disability clients Part 2 Limited community treatment [s 21] (2) However, the senior practitioner may authorise the limited 1 community treatment only if the tribunal or Mental Health 2 Court has ordered or approved the limited community 3 treatment. 4 21 Limited community treatment on order of tribunal or 5 Mental Health Court 6 If the tribunal or Mental Health Court orders that a forensic 7 disability client have limited community treatment, the 8 administrator must ensure a senior practitioner changes the 9 client's individual development plan to give effect to the order. 10 22 What individual development plan must state about 11 limited community treatment 12 If a forensic disability client is authorised to have limited 13 community treatment under section 20, or ordered to have 14 limited community treatment as mentioned in section 21, the 15 client's individual development plan must include, or be 16 changed to include, in specific terms-- 17 (a) any periods, whether or not continuous, of the limited 18 community treatment; and 19 (b) the conditions a senior practitioner considers necessary 20 for managing the client's care and support and 21 protecting the client's health or safety or the safety of 22 others while the client is undertaking the limited 23 community treatment. 24 Page 28

 


 

Forensic Disability Bill 2011 Chapter 3 Allied persons [s 23] Chapter 3 Allied persons 1 23 Who is an allied person 2 An allied person is the person chosen by a forensic disability 3 client, or declared, under this part to be the client's allied 4 person. 5 24 Function of allied person 6 The function of a forensic disability client's allied person is to 7 help the client to represent the client's views, wishes and 8 interests relating to the client's assessment, detention, care 9 and support and protection under this Act. 10 25 Client may choose allied person 11 (1) A forensic disability client may choose any 1 of the following 12 persons (other than a forensic disability service employee) 13 who is willing, readily available, capable and culturally 14 appropriate to be the client's allied person-- 15 (a) if the client has a personal guardian--the personal 16 guardian; 17 (b) if the client has a personal attorney--the personal 18 attorney; 19 (c) an adult relative or adult close friend of the client; 20 (d) an adult carer of the client; 21 (e) another adult. 22 Example of application of subsection (1)-- 23 The client may choose a person mentioned in paragraph (d) to be the 24 client's allied person even though the client has a personal attorney or 25 personal guardian. 26 (2) This section has effect subject to section 26. 27 (3) In this section-- 28 Page 29

 


 

Forensic Disability Bill 2011 Chapter 3 Allied persons [s 26] close friend, of the client, means a person with whom the 1 client has a close relationship. 2 personal attorney means an attorney for a personal matter 3 under the Powers of Attorney Act 1998. 4 personal guardian means a guardian for a personal matter 5 under the Guardianship and Administration Act. 6 26 Who is allied person if client does not have capacity to 7 choose 8 (1) This section applies if the administrator is satisfied a forensic 9 disability client does not have the capacity to choose an allied 10 person. 11 (2) If the client, by an advance health directive, has directed that a 12 stated person be the client's allied person under this Act or the 13 Mental Health Act, the stated person is the client's allied 14 person for this Act. 15 (3) If subsection (2) does not apply to the client, the administrator 16 must choose a person (other than a forensic disability service 17 employee) to be the client's allied person. 18 (4) The person chosen must be-- 19 (a) the first person in listed order of the persons mentioned 20 in section 25 who is willing, readily available, capable 21 and culturally appropriate to be the allied person; or 22 (b) if no-one in the list is willing, readily available, capable 23 and culturally appropriate to be the allied person--the 24 adult guardian within the meaning of the Guardianship 25 and Administration Act. 26 27 When choice of allied person ends 27 The choice of an allied person of a forensic disability client 28 ends if-- 29 (a) under section 25, the client chooses another person to be 30 the allied person; or 31 Page 30

 


 

Forensic Disability Bill 2011 Chapter 4 Rights of forensic disability clients and others Part 1 Statement of rights [s 28] (b) the client tells the administrator the client no longer 1 wishes to have an allied person and the administrator is 2 satisfied the client has the capacity to make that 3 decision; or 4 (c) under section 26, the administrator chose the allied 5 person but the administrator is no longer satisfied the 6 allied person is willing, readily available, capable and 7 culturally appropriate to be the allied person. 8 28 Administrator to give notice of applicable forensic order 9 to allied person 10 The administrator must give notice of the applicable forensic 11 order to a forensic disability client's allied person. 12 Chapter 4 Rights of forensic disability 13 clients and others 14 Part 1 Statement of rights 15 29 Preparing statement of rights 16 (1) The director must prepare a written statement (the statement 17 of rights) containing information about-- 18 (a) the rights of forensic disability clients and their allied 19 persons under this Act; and 20 (b) the rights of clients to make complaints about the 21 service provided at the forensic disability service and 22 how the complaints are made. 23 Page 31

 


 

Forensic Disability Bill 2011 Chapter 4 Rights of forensic disability clients and others Part 1 Statement of rights [s 30] (2) The statement of rights may also contain anything else the 1 director considers appropriate. 2 30 Giving statement of rights to client and allied person 3 (1) After a forensic disability client is admitted to the forensic 4 disability service, the administrator must give a copy of the 5 statement of rights so far as it is relevant to the client to-- 6 (a) the client; and 7 (b) the client's allied person. 8 (2) In addition to the statement, the administrator must ensure the 9 client is given an oral explanation of the information in the 10 statement. 11 Note-- 12 See section 146 about complying with provisions as soon as practicable 13 and section 154 about ensuring the client understands things told or 14 explained to the client. 15 31 Notice of rights 16 The administrator must ensure a copy of the statement of 17 rights is displayed in a prominent place in the forensic 18 disability service so it is easily visible to forensic disability 19 clients and their allied persons. 20 Page 32

 


 

Forensic Disability Bill 2011 Chapter 4 Rights of forensic disability clients and others Part 2 Rights of persons other than forensic disability service employees to visit client etc. [s 32] Part 2 Rights of persons other than 1 forensic disability service 2 employees to visit client etc. 3 32 Visiting and assessing client and consulting about 4 client's care and support 5 (1) A registered health practitioner or social worker engaged in 6 providing disability services, other than a forensic disability 7 service employee, may at any reasonable time of the day or 8 night-- 9 (a) visit and assess a forensic disability client detained in 10 the forensic disability service; or 11 (b) consult with a senior practitioner about the care and 12 support of a forensic disability client. 13 Note-- 14 Subsection (1) does not affect a right or obligation of a forensic 15 disability service employee in relation to a client under this Act. 16 (2) A legal or other adviser for a forensic disability client 17 detained in the forensic disability service may visit the client 18 at any reasonable time of the day or night. 19 (3) The registered health practitioner, social worker or adviser 20 may exercise a power under subsection (1) or (2)-- 21 (a) only if asked by the client or someone else on the 22 client's behalf; and 23 (b) only under an arrangement made with the administrator. 24 Page 33

 


 

Forensic Disability Bill 2011 Chapter 5 Transfer and temporary absence of forensic disability clients Part 1 Transfer [s 33] Chapter 5 Transfer and temporary 1 absence of forensic 2 disability clients 3 Part 1 Transfer 4 33 Transfer from forensic disability service to authorised 5 mental health service 6 (1) The director may, by written order, transfer a forensic 7 disability client from the forensic disability service to an 8 authorised mental health service if-- 9 (a) the director is satisfied the transfer is in the client's best 10 interests; and 11 (b) the director (mental health) agrees to the transfer. 12 (2) If the director (mental health) does not agree to the transfer, 13 the director (within the meaning of this Act) may apply to the 14 tribunal for an order for the client's transfer to an authorised 15 mental health service. 16 Note-- 17 Under sections 129 and 139, the Mental Health Act, chapter 5, part 1, 18 division 2A, subdivision 2 applies for the application. 19 (3) The client must be transferred to an authorised mental health 20 service if the tribunal orders the transfer. 21 (4) However, subsection (3) does not apply if the tribunal's 22 decision is stayed under the Mental Health Act, section 323. 23 Page 34

 


 

Forensic Disability Bill 2011 Chapter 5 Transfer and temporary absence of forensic disability clients Part 1 Transfer [s 34] 34 Transfer if detained temporarily in authorised mental 1 health service 2 (1) This section applies to a forensic disability client who is 3 detained temporarily in an authorised mental health service 4 under the Mental Health Act, section 309B. 5 (2) The director may, by written order, transfer the client to an 6 authorised mental health service if-- 7 (a) the client's period of detention in the authorised mental 8 health service mentioned in subsection (1) has not 9 ended; and 10 (b) the director is satisfied the transfer is in the client's best 11 interests; and 12 (c) the director (mental health) agrees to the transfer. 13 (3) Section 33(2) to (4) applies for the transfer. 14 35 Director to give notice of transfer order to tribunal and 15 others 16 (1) Within 7 days after making a transfer order for a forensic 17 disability client under section 33 or 34, the director must give 18 written notice of the order to-- 19 (a) the tribunal; and 20 (b) if any proceeding involving the client has started but not 21 finished--each entity the director considers has a 22 sufficient interest in the proceeding. 23 Example-- 24 the Mental Health Court, the director of public prosecutions or 25 other prosecuting agency 26 (2) In this section-- 27 proceeding means a proceeding in the tribunal or Mental 28 Health Court. 29 Page 35

 


 

Forensic Disability Bill 2011 Chapter 5 Transfer and temporary absence of forensic disability clients Part 1 Transfer [s 36] 36 Administrator to give notice of transfer order to client and 1 allied person 2 The administrator must give notice of a transfer order to-- 3 (a) the forensic disability client to whom the order relates; 4 and 5 (b) the client's allied person. 6 37 Taking client to authorised mental health service if 7 transferred 8 A practitioner may, under a transfer order, take a forensic 9 disability client to an authorised mental health service. 10 Notes-- 11 1 For provisions about entering places, see chapter 9, part 2. 12 2 For the use of reasonable force, see section 155 and for 13 administering medication to the client, see section 144. 14 38 Giving information about client for facilitating transfer 15 and care and support 16 (1) This section applies for facilitating-- 17 (a) the transfer of a forensic disability client from the 18 forensic disability service to an authorised mental health 19 service; and 20 (b) the care and support of the client, as a patient, in the 21 authorised mental health service. 22 (2) The director may give to the director (mental health), or a 23 person nominated by the director (mental health), the 24 following information about the client-- 25 (a) the client's personal and medical information; 26 (b) the circumstances giving rise to the applicable forensic 27 order, including information contained in any report 28 considered by the Mental Health Court in making the 29 order; 30 Page 36

 


 

Forensic Disability Bill 2011 Chapter 5 Transfer and temporary absence of forensic disability clients Part 1 Transfer [s 38] (c) the details of the applicable forensic order; 1 (d) any details necessary to give effect to the applicable 2 forensic order; 3 (e) the details of the client's individual development plan; 4 (f) the client's response to care and support and willingness 5 to continue care and support; 6 (g) the details of any instance of behaviour control 7 medication, restraint or seclusion of the client; 8 (h) whether the tribunal or Mental Health Court has 9 approved or ordered limited community treatment for 10 the client, including any conditions of the approval or 11 order; 12 (i) the details of any limited community treatment 13 undertaken by the client, and the details of any limited 14 community treatment that has been revoked; 15 (j) when the tribunal is to conduct a review of the client's 16 mental condition; 17 (k) any previous decisions of the tribunal about the client; 18 (l) any previous decisions of the Mental Health Court about 19 the client; 20 (m) whether the client has an allied person and, if so, the 21 allied person's name and contact details; 22 (n) whether the client has a guardian or an informal 23 decision-maker and, if so, the contact details for the 24 guardian or informal decision-maker; 25 (o) whether the client is subject to a forensic information 26 order and, if so, any details necessary to give effect to 27 that order; 28 (p) any other information obtained or brought into existence 29 under this Act or the Mental Health Act relating to the 30 client's care and support. 31 Page 37

 


 

Forensic Disability Bill 2011 Chapter 5 Transfer and temporary absence of forensic disability clients Part 1 Transfer [s 39] (3) This section applies despite any duty of confidentiality or 1 right of privacy provided under this or any other Act. 2 (4) In this section-- 3 information includes a document. 4 personal information, about a forensic disability client, 5 includes information about-- 6 (a) the client's social circumstances, including, for 7 example, the client's support network; and 8 (b) the client's relevant behavioural history. 9 39 Continuation of existing forensic order 10 (1) On the admission of a forensic disability client to an 11 authorised mental health service under a transfer order, the 12 client's existing forensic order-- 13 (a) applies to the client, as a patient, as if it were a forensic 14 order (Mental Health Court--Disability) for the client's 15 detention in the authorised mental health service; and 16 (b) is to be read, or continued in force, with the changes 17 necessary-- 18 (a) to make it consistent with the Mental Health Act; 19 and 20 (b) to adapt its operation to that Act. 21 (2) Subsection (1) does not affect a power of the tribunal or 22 Mental Health Court in relation to the existing forensic order. 23 (3) Without limiting subsection (2), the tribunal may carry out a 24 review and make a decision about the existing forensic order 25 under the Mental Health Act, chapter 6, part 3. 26 (4) In this section-- 27 existing forensic order means the forensic order (Mental 28 Health Court--Disability) that was the client's applicable 29 forensic order immediately before the client's admission to 30 the authorised mental health service. 31 Page 38

 


 

Forensic Disability Bill 2011 Chapter 5 Transfer and temporary absence of forensic disability clients Part 2 Temporary absence [s 40] 40 Continuation of matters under applied provisions for 1 client transferred to authorised mental health service 2 (1) This section applies if-- 3 (a) an action is done or something is brought into existence 4 for a matter in relation to a forensic disability client in 5 compliance with an applied provision; and 6 (b) before the matter ends, the client is transferred to an 7 authorised mental health service under a transfer order. 8 (2) On the client's admission to the authorised mental health 9 service under the transfer order-- 10 (a) the previous action or thing is taken to have been done 11 or brought into existence for a matter in relation to the 12 client, as a patient, in compliance with the provision of 13 the Mental Health Act that is the applied provision; and 14 (b) if the previous thing is a document, it is to be read, or 15 continued in force, with the changes necessary-- 16 (a) to make it consistent with that Act; and 17 (b) to adapt its operation to that Act. 18 (3) The previous action or thing may be amended, repealed or 19 revoked under the Mental Health Act. 20 Part 2 Temporary absence 21 41 Absence of client with director's approval 22 (1) The director may, by written notice, approve the absence of a 23 forensic disability client from the forensic disability service-- 24 (a) to receive medical, dental or optical treatment; or 25 (b) to appear before a court, tribunal or other body; or 26 Page 39

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 1 Preliminary [s 42] (c) for another purpose the director considers to be 1 appropriate on compassionate grounds. 2 (2) The notice must state the approved period of absence. 3 (3) The approval may be given on the conditions the director 4 considers appropriate, including, for example, a condition that 5 the client is to be in the care of a stated person for the period 6 of absence. 7 Chapter 6 Regulation of behaviour 8 control 9 Part 1 Preliminary 10 42 Purpose of ch 6 11 The purpose of this chapter is to protect the rights of forensic 12 disability clients by regulating the use of behaviour control 13 medication, restraint and seclusion (each a regulated 14 behaviour control) under this Act so that the regulated 15 behaviour control is only used-- 16 (a) if considered necessary and the least restrictive way to 17 protect the health and safety of clients or to protect 18 others; and 19 (b) in a way that-- 20 (i) has regard to the human rights of clients; and 21 (ii) aims to reduce or eliminate the need for its use; 22 and 23 (iii) ensures transparency and accountability in its use. 24 Page 40

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 1 Preliminary [s 43] 43 Definitions for ch 6 1 In this chapter-- 2 authorised practitioner means an authorised practitioner 3 whose instrument of appointment states that the practitioner 4 may exercise the powers given to an authorised practitioner 5 under this chapter. 6 behaviour control medication see section 44. 7 restraint see section 45. 8 seclusion see section 46. 9 senior practitioner means a senior practitioner whose 10 instrument of appointment states that the practitioner may 11 exercise the powers given to a senior practitioner under this 12 chapter. 13 44 Meaning of behaviour control medication 14 (1) Behaviour control medication of a forensic disability client is 15 the use of medication for the primary purpose of controlling 16 the client's behaviour. 17 (2) However, using medication for the client's health care is not 18 behaviour control medication. 19 (3) In this section-- 20 health care see the Guardianship and Administration Act, 21 schedule 2, section 5. 22 45 Meaning of restraint 23 (1) Restraint of a forensic disability client is the restraint of the 24 client by use of an approved mechanical appliance preventing 25 the free movement of the client's body or a limb of the client. 26 (2) However, the use of a surgical or medical appliance for the 27 proper treatment of physical disease or injury is not restraint. 28 Page 41

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 1 Preliminary [s 46] 46 Meaning of seclusion 1 Seclusion of a forensic disability client is the confinement of 2 the client at any time of the day or night alone in a room or 3 area from which the client's free exit is prevented. 4 47 Relationship with Disability Services Act 5 The Disability Services Act, part 10A applies to a forensic 6 disability client only if the client is absent from the forensic 7 disability service-- 8 (a) while undertaking limited community treatment; or 9 (b) under a temporary absence approval. 10 Note-- 11 The Disability Services Act, part 10A deals with the use of restrictive 12 practices within the meaning of that Act. 13 48 Relationship with Guardianship and Administration Act 14 (1) This chapter does not limit the extent to which a person is 15 authorised under the Guardianship and Administration Act to 16 make a decision about the health care of a person who is a 17 forensic disability client. 18 (2) In this section-- 19 health care see the Guardianship and Administration Act, 20 schedule 2, section 5. 21 Page 42

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 49] Part 2 Behaviour control 1 Division 1 Behaviour control medication 2 49 Offence to administer behaviour control medication 3 A person must not administer behaviour control medication to 4 a forensic disability client detained in the forensic disability 5 service other than under this division. 6 Maximum penalty--50 penalty units. 7 50 Use of behaviour control medication 8 A senior practitioner who is a doctor or registered nurse, or a 9 doctor or registered nurse acting under the direction of a 10 senior practitioner who is a doctor or registered nurse, may 11 administer behaviour control medication to a forensic 12 disability client detained in the forensic disability service if-- 13 (a) a psychiatrist prescribes the medication as a regulated 14 behaviour control for the client; and 15 (b) the medication is administered in accordance with the 16 psychiatrist's directions, including directions about the 17 dose, route and frequency of the medication and any 18 restrictions on its use; and 19 Note-- 20 See also chapter 12, part 1 for the use of other medication on a 21 forensic disability client. 22 (c) the client is observed in accordance with the 23 psychiatrist's directions. 24 51 Obligations of senior practitioner 25 (1) If a psychiatrist prescribes the behaviour control medication 26 as a regulated behaviour control for the client, a senior 27 Page 43

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 52] practitioner must ensure details of the medication, as 1 prescribed by the psychiatrist, are included in-- 2 (a) the client's file; and 3 (b) the client's individual development plan as required 4 under section 15(3). 5 (2) If the medication is administered to the client under section 6 50, the senior practitioner who administered it, or under 7 whose direction it was administered, must ensure the 8 following details are recorded in the client's file-- 9 (a) the name of the medication that was administered; 10 (b) the time it was administered; 11 (c) the person who administered it; 12 (d) for medication to be administered as and when 13 needed--the circumstances in which it was 14 administered. 15 52 Review of client's behaviour control medication 16 (1) A senior practitioner must ensure a psychiatrist regularly 17 reviews the client's need for, and the appropriateness of, the 18 behaviour control medication prescribed for the client. 19 (2) The review must be carried out at least every 3 months. 20 (3) Also, if requested by the director, a senior practitioner must 21 ensure a psychiatrist carries out an immediate review of the 22 client's behaviour control medication as mentioned in 23 subsection (1). 24 (4) The psychiatrist must record details of the review in the 25 client's file. 26 53 Consent of client not required 27 It is not necessary to obtain the client's consent to the 28 administration of behaviour control medication to the client 29 under this division. 30 Page 44

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 54] Division 2 Restraint 1 54 Offence to use restraint 2 A person must not use restraint on a forensic disability client 3 detained in the forensic disability service other than under this 4 division. 5 Maximum penalty--50 penalty units. 6 55 Approval of appliances for restraint 7 The director must-- 8 (a) approve the mechanical appliances that may be used for 9 the restraint of a forensic disability client; and 10 (b) state the approved mechanical appliances in a policy or 11 procedure issued under section 91. 12 56 Authorisation of use of restraint 13 (1) The director may authorise the use of restraint on a forensic 14 disability client only if satisfied it is the least restrictive way to 15 protect the client's health and safety or to protect others. 16 (2) In authorising the restraint, the director-- 17 (a) must have regard to the client's individual development 18 plan; and 19 (b) must authorise the restraint to be applied for only the 20 minimum period or periods possible. 21 (3) The authorisation must be given by written order to a senior 22 practitioner or authorised practitioner. 23 (4) The order must state the following-- 24 (a) the type of restraint authorised to be used; 25 (b) the reasons for the restraint; 26 Page 45

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 57] (c) any restrictions on the circumstances in which the 1 restraint may be used; 2 (d) the maximum period or periods for which the restraint 3 may be used; 4 (e) the intervals at which the client must be observed while 5 restrained; 6 (f) any special measures necessary to ensure the client's 7 proper care and support while restrained; 8 (g) the time (not longer than 3 hours after the order is made) 9 when the authorisation ends. 10 57 Obligations of senior practitioner and authorised 11 practitioner 12 A senior practitioner or authorised practitioner must-- 13 (a) ensure a copy of the director's order under section 56 is 14 included in the client's file; and 15 (b) use the restraint as authorised by the director; and 16 (c) record the following details in the client's file-- 17 (i) the type of restraint used; 18 (ii) if the director's order states any restrictions on the 19 circumstances in which the restraint may be 20 used--the circumstances in which the restraint was 21 used; 22 (iii) the time the restraint was used; 23 (iv) the person who used the restraint; 24 (v) the time the restraint was removed; 25 (vi) the person who removed the restraint. 26 58 Removal of restraint before authorisation ends 27 (1) This section applies if, before the authorisation ends-- 28 Page 46

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 59] (a) a senior practitioner or authorised practitioner is 1 satisfied care and support can be safely provided to the 2 client without the restraint; or 3 (b) the director orders a senior practitioner or authorised 4 practitioner to remove the restraint. 5 (2) The practitioner must immediately remove the restraint. 6 59 Consent of client not required 7 It is not necessary to obtain the client's consent to the use of 8 restraint on the client under this division. 9 Division 3 Seclusion 10 60 Offence to keep client in seclusion 11 A person must not keep a forensic disability client detained in 12 the forensic disability service in seclusion other than under 13 this division. 14 Maximum penalty--50 penalty units. 15 61 When client may be placed in seclusion 16 (1) A forensic disability client may be placed in seclusion in the 17 forensic disability service-- 18 (a) by a senior practitioner, at any time; or 19 (b) by an authorised practitioner-- 20 (i) if authorised by a senior practitioner; or 21 (ii) in urgent circumstances. 22 (2) However, a senior practitioner may place a client in seclusion 23 or authorise the seclusion of a client only if reasonably 24 satisfied-- 25 Page 47

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 62] (a) the seclusion is necessary to protect the client or other 1 persons from imminent physical harm; and 2 (b) there is no less restrictive way to protect the client's 3 health and safety or to protect others. 4 (3) An authorised practitioner may place a client in seclusion 5 under subsection (1)(b)(ii) only if reasonably satisfied of the 6 matters mentioned in subsection (2)(a) and (b). 7 62 How authorisation of seclusion is given 8 (1) A senior practitioner's authorisation must be given by written 9 order to an authorised practitioner. 10 (2) The order must state the following-- 11 (a) the reasons for the seclusion; 12 (b) the time the order is made; 13 (c) the time (not longer than 3 hours after the order is made) 14 when the authorisation ends; 15 (d) whether an authorised practitioner is authorised to 16 release the client from, or return the client to, seclusion; 17 (e) the special measures necessary to ensure the client's 18 proper care and support while secluded; 19 (f) whether it is necessary to continuously observe the 20 client while secluded; 21 (g) if the order states that it is not necessary to continuously 22 observe the client while secluded--the intervals (not 23 longer than 15 minutes) at which the client must be 24 observed while secluded. 25 (3) The senior practitioner must ensure a copy of the order is 26 included in the client's file. 27 Page 48

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 63] 63 Obligations of senior practitioner and authorised 1 practitioner 2 (1) A senior practitioner must have regard to a forensic disability 3 client's individual development plan in placing the client in 4 seclusion, or authorising the seclusion, under this division. 5 (2) An authorised practitioner must have regard to a forensic 6 disability client's individual development plan in placing the 7 client in seclusion under this division. 8 (3) An authorised practitioner who places a forensic disability 9 client in seclusion under a senior practitioner's authorisation 10 must place the client in seclusion as authorised. 11 (4) A senior practitioner who places a client in seclusion, or an 12 authorised practitioner who places a client in seclusion under 13 a senior practitioner's authorisation, must record the following 14 details in the client's file-- 15 (a) the time the client was placed in seclusion; 16 (b) the name of the senior practitioner or authorised 17 practitioner who placed the client in seclusion; 18 (c) the time the client was released from seclusion. 19 64 Other obligations if authorised practitioner places client 20 in seclusion in urgent circumstances 21 (1) If an authorised practitioner places a forensic disability client 22 in seclusion in the forensic disability service in urgent 23 circumstances, the authorised practitioner must-- 24 (a) immediately tell a senior practitioner of the seclusion; 25 and 26 (b) record the following details in the client's file-- 27 (i) the reasons for the seclusion; 28 (ii) the time the client was placed in seclusion; 29 (iii) the time the authorised practitioner told the senior 30 practitioner of the seclusion; 31 Page 49

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 65] (iv) the authorised practitioner's name; 1 (v) the senior practitioner's name. 2 (2) The senior practitioner must ensure the client is examined as 3 soon as practicable by a senior practitioner. 4 (3) On the examination, the examining senior practitioner must-- 5 (a) record in the client's file the time of the examination; 6 and 7 (b) order the client's release from seclusion or authorise the 8 client's seclusion. 9 65 When authorised practitioner may end seclusion or 10 return client to seclusion 11 (1) This section applies if, under a senior practitioner's 12 authorisation, an authorised practitioner may release a 13 forensic disability client from, or return a client to, seclusion. 14 (2) An authorised practitioner may-- 15 (a) release the client from seclusion if satisfied the client's 16 seclusion is no longer necessary; and 17 (b) return the client to seclusion if-- 18 (i) the senior practitioner's authorisation is still in 19 force; and 20 (ii) the authorised practitioner is reasonably satisfied 21 of the matters mentioned in section 61(2)(a) and 22 (b) in relation to the client. 23 (3) Immediately after acting under subsection (2), the authorised 24 practitioner must record the following in the client's file-- 25 (a) the time of release from, or return to, seclusion; 26 (b) the reasons for the release or return. 27 Page 50

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 66] 66 Ending seclusion on director's order 1 A senior practitioner or authorised practitioner must 2 immediately release a forensic disability client from seclusion 3 in the forensic disability service if the director orders that the 4 client be released. 5 67 Consent of client not required 6 It is not necessary to obtain a forensic disability client's 7 consent to the client's seclusion under this division. 8 Division 4 Other provisions about regulated 9 behaviour controls 10 68 Use of reasonable force 11 A senior practitioner or authorised practitioner may, with the 12 help, and using the minimum force, that is necessary and 13 reasonable in the circumstances-- 14 (a) administer behaviour control medication to a forensic 15 disability client under division 1; or 16 (b) use restraint on a forensic disability client under division 17 2; or 18 (c) place a forensic disability client in seclusion under 19 division 3. 20 69 Ensuring client's reasonable needs are met while subject 21 to a regulated behaviour control 22 (1) A senior practitioner or authorised practitioner must ensure a 23 forensic disability client's reasonable needs are met while the 24 client is subject to a regulated behaviour control. 25 (2) In this section-- 26 Page 51

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 70] reasonable needs includes the following-- 1 (a) sufficient bedding and clothing; 2 (b) sufficient food and drink; 3 (c) access to toilet facilities. 4 70 Observation of client while restrained or secluded 5 (1) A senior practitioner or authorised practitioner must ensure a 6 forensic disability client on whom restraint is used under 7 division 2 is observed as required under the director's 8 authorisation for the restraint. 9 (2) A senior practitioner or authorised practitioner must ensure a 10 forensic disability client is continuously observed while 11 secluded under division 3. 12 (3) However, subsection (2) does not apply if the seclusion is 13 authorised by a senior practitioner's authorisation the order 14 for which states-- 15 (a) it is not necessary to continuously observe the client 16 while secluded; and 17 (b) the intervals (not longer than 15 minutes) at which the 18 client must be observed while secluded. 19 71 Administrator must notify director about prescription of 20 fixed dose behaviour control medication 21 (1) As soon as practicable after a psychiatrist prescribes fixed 22 dose medication for a forensic disability client detained in the 23 forensic disability service, the administrator must give the 24 director written notice about the medication. 25 (2) The notice must include the information required by the 26 director. 27 (3) In this section-- 28 fixed dose medication means behaviour control medication 29 that is administered at fixed intervals and times. 30 Page 52

 


 

Forensic Disability Bill 2011 Chapter 6 Regulation of behaviour control Part 2 Behaviour control [s 72] 72 Administrator must notify director about use of other 1 regulated behaviour controls 2 (1) The administrator must give the director written notice about 3 the use of a regulated behaviour control (other than fixed dose 4 medication mentioned in section 71) on a forensic disability 5 client detained in the forensic disability service. 6 (2) The notice must-- 7 (a) be given as soon as practicable after-- 8 (i) for behaviour control medication (other than fixed 9 dose medication mentioned in section 71) or 10 restraint--the regulated behaviour control is used 11 on the client; or 12 (ii) for seclusion--the client is placed in seclusion; and 13 (b) include the information required by the director. 14 73 What individual development plan must state about 15 regulated behaviour controls 16 If a regulated behaviour control is used on a forensic disability 17 client, the client's individual development plan must include 18 strategies for avoiding, reducing and eliminating any further 19 use of the behaviour control. 20 74 Register of use of regulated behaviour controls 21 (1) The administrator must keep a register of the use of regulated 22 behaviour controls under this chapter. 23 (2) The register must include the details prescribed under a 24 regulation. 25 Page 53

 


 

Forensic Disability Bill 2011 Chapter 7 Security of forensic disability service Part 1 Searching forensic disability clients and possessions [s 75] Chapter 7 Security of forensic 1 disability service 2 Part 1 Searching forensic disability 3 clients and possessions 4 75 Purpose of pt 1 5 (1) The purpose of this part is to ensure the protection of forensic 6 disability clients and the security and good order of the 7 forensic disability service. 8 (2) For achieving the purpose, this part provides for carrying out 9 searches of clients detained in the service and their 10 possessions. 11 76 Authority to search 12 (1) If a senior practitioner or authorised practitioner reasonably 13 believes a forensic disability client detained in the forensic 14 disability service has possession of a harmful thing, the 15 practitioner may search the client or the client's possessions. 16 (2) The search may be carried out without the client's consent. 17 (3) However, before carrying out the search, the practitioner must 18 tell the client the reasons for the search and how it is to be 19 carried out. 20 Note-- 21 See section 147 about complying with provisions to the extent 22 reasonably practicable and section 154 about ensuring the client 23 understands things told or explained to the client. 24 Page 54

 


 

Forensic Disability Bill 2011 Chapter 7 Security of forensic disability service Part 1 Searching forensic disability clients and possessions [s 77] 77 Carrying out search 1 (1) The senior practitioner or authorised practitioner may require 2 the client to submit, or submit the client's possessions, to a 3 search under this section. 4 (2) The practitioner may do any or all of the following-- 5 (a) pass a hand-held electronic scanning device over or 6 around the client or the client's possessions; 7 (b) open or inspect a thing in the client's possession; 8 (c) remove and inspect an outer garment or footwear of the 9 client; 10 (d) remove and inspect all things from the pockets of the 11 client's clothing; 12 (e) touch the clothing worn by the client to the extent 13 reasonably necessary to detect things in the client's 14 possession; 15 (f) remove and inspect any detected thing. 16 (3) Also, the practitioner may, with the administrator's approval, 17 remove and inspect all, or part of, the client's other clothing 18 and anything found in the clothing. 19 (4) However, the administrator may give the approval only if the 20 administrator is reasonably satisfied it is necessary in the 21 circumstances for carrying out the search. 22 (5) The practitioner may-- 23 (a) exercise a power of inspection under subsection (2) only 24 if the client is present or has been given the opportunity 25 to be present; or 26 (b) exercise a power under subsection (2)(c) to (f) or (3) 27 only if-- 28 (i) the practitioner is the same sex as the client; and 29 (ii) the search is carried out in a part of a building that 30 ensures the client's privacy. 31 Page 55

 


 

Forensic Disability Bill 2011 Chapter 7 Security of forensic disability service Part 1 Searching forensic disability clients and possessions [s 78] (6) The practitioner must-- 1 (a) carry out the search in a way that respects the client's 2 dignity to the greatest extent possible; and 3 (b) cause as little inconvenience to the client as is 4 practicable in the circumstances. 5 (7) However, the practitioner may carry out the search with the 6 help, and using the minimum force, that is necessary and 7 reasonable in the circumstances. 8 78 Seizure of things 9 The senior practitioner or authorised practitioner may seize 10 anything found during the search that the practitioner 11 reasonably suspects is a harmful thing. 12 79 What happens to thing seized 13 (1) If the administrator is reasonably satisfied a thing seized 14 under section 78 is a harmful thing, the administrator must-- 15 (a) keep it for the client and give it to the client on the 16 client's release from the forensic disability service; or 17 (b) give it to someone else if the client is able to give, and 18 has given, agreement to do so; or 19 (c) if the administrator is satisfied someone else is entitled 20 to possession of the thing--give or send it to that 21 person; or 22 (d) if the administrator is reasonably satisfied it is of 23 negligible value--dispose of it in the way the 24 administrator considers appropriate. 25 (2) However, if the administrator reasonably believes the seized 26 thing is connected with, or is evidence of, the commission or 27 intended commission of an offence against an Act, the 28 administrator must give it to an authorised person under that 29 Act. 30 Page 56

 


 

Forensic Disability Bill 2011 Chapter 7 Security of forensic disability service Part 1 Searching forensic disability clients and possessions [s 80] (3) The seizure provisions of the Act mentioned in subsection (2) 1 apply to the thing as if the authorised person had seized it 2 under the provisions of that Act that relate to the offence. 3 (4) If the authorised person is not reasonably satisfied the thing is 4 evidence of the commission or intended commission of the 5 offence, the authorised person must return it to the 6 administrator who must deal with it under this section. 7 (5) Immediately after making a decision about what happens to a 8 seized thing, the administrator must make a written record of 9 the decision. 10 (6) In this section-- 11 authorised person, under an Act, means a person who is 12 authorised under that Act to perform inspection and 13 enforcement functions. 14 seizure provisions, of an Act, means the provisions of that Act 15 relating to the access to, and retention, disposal and forfeiture 16 of, a thing after its seizure under that Act. 17 80 Record of search 18 (1) This section applies if a senior practitioner or authorised 19 practitioner-- 20 (a) carries out a search under this part; or 21 (b) seizes anything found during a search under this part. 22 (2) Immediately after carrying out the search, the practitioner 23 must make a written record of the following details of the 24 search-- 25 (a) the reasons for the search; 26 (b) the practitioner's name; 27 (c) how the search was carried out; 28 (d) the results of the search; 29 (e) anything seized. 30 Page 57

 


 

Forensic Disability Bill 2011 Chapter 7 Security of forensic disability service Part 2 Excluding visitors [s 81] 81 Compensation for damage to possessions 1 (1) A forensic disability client may claim from the State the cost 2 of repairing or replacing the client's possessions damaged in 3 the exercise or purported exercise of a power under this part. 4 (2) The cost may be claimed and ordered in a proceeding brought 5 in a court of competent jurisdiction for the recovery of the 6 amount claimed. 7 (3) A court may order an amount be paid only if satisfied it is just 8 to make the order in the circumstances of the particular case. 9 (4) A regulation may prescribe matters that may, or must, be 10 taken into account by the court when considering whether it is 11 just to make the order. 12 Part 2 Excluding visitors 13 82 Administrator may refuse to allow a person to visit a 14 client 15 (1) The administrator may refuse to allow a person to visit a 16 forensic disability client detained in the forensic disability 17 service if the administrator is satisfied the proposed visit will 18 adversely affect the client's care and support. 19 Example-- 20 The administrator may be satisfied the care and support of the client will 21 be adversely affected if, on a previous visit by a person, the client's 22 behaviour deteriorated. 23 (2) The administrator must give the person written notice of the 24 decision. 25 (3) The notice must state the following-- 26 (a) the reasons for the decision; 27 Page 58

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 1 Director of Forensic Disability [s 83] (b) that the person may appeal to the tribunal against the 1 decision within 28 days after the person receives the 2 notice; 3 (c) how the appeal is made. 4 83 Who may appeal 5 A person who is dissatisfied with a decision of the 6 administrator to refuse to allow the person to visit a forensic 7 disability client in the forensic disability service may appeal 8 to the tribunal against the decision. 9 84 Procedure for appeal 10 (1) An appeal is to be started and carried out in the way stated in 11 the Mental Health Act, sections 376 to 380. 12 (2) For subsection (1), the Mental Health Act, sections 376(2) and 13 377(1) apply as if a reference in those provisions to the 14 administrator of an authorised mental health service were a 15 reference to the administrator of the forensic disability 16 service. 17 Chapter 8 Administration 18 Part 1 Director of Forensic Disability 19 85 Appointment 20 (1) There is to be a Director of Forensic Disability. 21 (2) The director is to be appointed by the Governor in Council 22 under this Act and not under the Public Service Act 2008. 23 Page 59

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 1 Director of Forensic Disability [s 86] Note-- 1 Section 160 provides for an initial director. 2 86 Duration of appointment 3 The director holds office for the term (which must not be 4 longer than 5 years) stated in the instrument of appointment. 5 Note-- 6 The director may be reappointed--see the Acts Interpretation Act 1954, 7 section 25(1)(c). 8 87 Functions 9 (1) The director has the following functions-- 10 (a) ensuring the protection of the rights of forensic 11 disability clients under this Act; 12 (b) ensuring the involuntary detention, assessment, care and 13 support and protection of forensic disability clients 14 comply with this Act; 15 (c) facilitating the proper and efficient administration of 16 this Act; 17 (d) monitoring and auditing compliance with this Act; 18 (e) promoting community awareness and understanding of 19 the administration of this Act; 20 (f) advising and reporting to the Minister on any matter 21 relating to the administration of this Act-- 22 (i) on the director's own initiative; or 23 (ii) at the request of the Minister if the matter is in the 24 public interest. 25 (2) Also, the director has the other functions given under this Act. 26 88 Powers--general 27 (1) The director has the powers given under this Act. 28 Page 60

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 1 Director of Forensic Disability [s 89] (2) In addition, the director has power to do all things necessary 1 or convenient to be done in performing the director's 2 functions. 3 89 Independence of director 4 In exercising a power under this Act, the director is not under 5 the control of the Minister. 6 90 Delegation of director's powers 7 (1) The director may delegate the director's powers under this 8 Act to an appropriately qualified person. 9 (2) However, the director must not delegate a power under 10 section 96, 100 or 102. 11 91 Policies and procedures about detention, care and 12 support of clients 13 (1) The director must issue policies and procedures about the 14 detention, care and support and protection of forensic 15 disability clients. 16 (2) Without limiting subsection (1), the director must issue 17 policies and procedures about the following-- 18 (a) the review and change of individual development plans 19 as mentioned in section 15(1)(c); 20 (b) the use of regulated behaviour controls; 21 (c) the detention, care and support and protection of special 22 notification clients. 23 (3) If a policy or procedure is inconsistent with this Act, the 24 policy or procedure is invalid to the extent of the 25 inconsistency. 26 Page 61

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 1 Director of Forensic Disability [s 92] 92 Giving information about client to director (mental health) 1 or nominee 2 (1) The director, or a person nominated by the director, may give 3 information about a person who is or was a forensic disability 4 client to-- 5 (a) the director (mental health); or 6 (b) a person nominated by the director (mental health). 7 (2) However, the director may only give the information if the 8 director is satisfied the information is reasonably necessary 9 for enabling the director (mental health) to perform that 10 director's functions under the Mental Health Act. 11 (3) This section does not limit section 38. 12 (4) In this section-- 13 information includes a document. 14 93 Annual report 15 (1) After the end of each financial year, the director must give to 16 the Minister a report on the administration of this Act during 17 that year. 18 (2) The Minister must table a copy of the report in the Legislative 19 Assembly within 14 sitting days after the Minister receives it. 20 94 Acting director 21 The Governor in Council may appoint a person to act as the 22 director during any period, or all periods, when-- 23 (a) there is a vacancy in the office of director; or 24 (b) the director is absent from duty or is, for another reason, 25 unable to perform the functions of the office. 26 Page 62

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 2 Forensic disability service and administrator [s 95] Part 2 Forensic disability service and 1 administrator 2 95 Declaration of forensic disability service 3 A regulation may declare a place to be the forensic disability 4 service. 5 96 Declaration of administrator of forensic disability service 6 (1) The director may, by gazette notice, declare a person to be the 7 administrator of the forensic disability service. 8 (2) The declaration may state the administrator by name or 9 reference to the holder of a stated office. 10 97 Delegation of administrator's powers 11 The administrator may delegate the administrator's powers 12 under this Act to an appropriately qualified officer or 13 employee of the forensic disability service. 14 98 Administrator's obligation to ensure forensic order is 15 given effect 16 The administrator must ensure the applicable forensic order is 17 given effect for a forensic disability client. 18 Note-- 19 Giving effect to the order may require, but is not limited to, any or all of 20 the following-- 21 (a) changing the client's individual development plan under section 22 17(3); 23 (b) authorising limited community treatment under chapter 2, part 2; 24 (c) requiring the client to return to the forensic disability service 25 under section 112(1)(b). 26 Page 63

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 3 Practitioners [s 99] 99 Administrator's obligation to ensure policies and 1 procedures are given effect 2 The administrator must ensure any policies and procedures 3 issued by the director under section 91 are given effect. 4 100 Acting administrator 5 The director may appoint a person to be the administrator of 6 the forensic disability service during any period, or all 7 periods, when-- 8 (a) there is a vacancy in the office of the administrator; or 9 (b) the administrator is absent from duty or is, for another 10 reason, unable to perform the functions of the office. 11 Part 3 Practitioners 12 101 Appointment of senior practitioners and authorised 13 practitioners by administrator 14 (1) The administrator may, by written instrument, appoint a 15 person-- 16 (a) to be a senior practitioner for the forensic disability 17 service; or 18 (b) to be an authorised practitioner for the forensic 19 disability service. 20 (2) However, a person may be appointed under subsection (1) 21 only if, in the administrator's opinion, the person has the 22 necessary expertise or experience relevant to the role to which 23 the person is appointed. 24 (3) Also, in appointing a person under subsection (1), the 25 administrator must have regard to the following-- 26 Page 64

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 3 Practitioners [s 102] (a) the need for a multidisciplinary approach within the 1 forensic disability service; 2 (b) the person's commitment to the principles stated in 3 section 7; 4 (c) the person's skills and expertise in supporting people 5 with an intellectual or cognitive disability, mental 6 condition or offending behaviour. 7 (4) An appointment made under this section may limit the senior 8 practitioner's, or authorised practitioner's, powers under this 9 Act. 10 102 Appointment of administrator as a senior practitioner 11 (1) The director may, by written instrument, appoint the 12 administrator to be a senior practitioner for the forensic 13 disability service. 14 (2) However, the administrator may be appointed to be a senior 15 practitioner only if, in the director's opinion, the administrator 16 has the necessary expertise or experience to be a senior 17 practitioner. 18 (3) An appointment made under this section may limit the powers 19 the person has as a senior practitioner under this Act. 20 103 Powers of senior practitioners and authorised 21 practitioners 22 (1) A senior practitioner or authorised practitioner has the powers 23 given under this Act. 24 (2) However, a senior practitioner or authorised practitioner has 25 the powers given under chapter 6 only if the practitioner's 26 instrument of appointment states that the practitioner may 27 exercise the powers. 28 Note-- 29 Chapter 6 provides for the regulation of behaviour control. 30 Page 65

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 3 Practitioners [s 104] (3) Also, subsection (1) has effect subject to any limitation stated 1 in the practitioner's instrument of appointment. 2 104 Appointment of other persons to perform the role of a 3 practitioner 4 (1) The administrator may, by written instrument, appoint a 5 person to perform the role of a practitioner for the forensic 6 disability service. 7 (2) However, a person may be appointed to perform the role of a 8 practitioner only if, in the administrator's opinion, the person 9 has the necessary training, qualifications and expertise 10 relevant to providing care and support of persons with an 11 intellectual or cognitive disability. 12 (3) Also, in appointing a person under this section, the 13 administrator must have regard to the matters mentioned in 14 section 101(3). 15 (4) An appointment made under this section may limit the 16 exercise of the powers the person has in performing the role of 17 a practitioner under this Act. 18 (5) A person appointed under this section has the powers given to 19 a practitioner whose role the person is appointed to perform. 20 (6) However, the person may not exercise powers given to a 21 senior practitioner or authorised practitioner under chapter 6. 22 (7) Also, subsection (5) has effect subject to any limitation stated 23 in the person's instrument of appointment. 24 105 Register of practitioners and other persons 25 (1) The administrator must keep a register of the following-- 26 (a) senior practitioners appointed under sections 101 and 27 102; 28 (b) authorised practitioners appointed under section 101; 29 Page 66

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 4 Authorised officers [s 106] (c) persons appointed under section 104 to perform the role 1 of a practitioner. 2 (2) The register must identify the senior practitioners and 3 authorised practitioners mentioned in subsection (1) whose 4 instrument of appointment states that the practitioner may 5 exercise the powers given under chapter 6. 6 Part 4 Authorised officers 7 106 Appointment of authorised officers 8 (1) The director or chief executive may appoint a registered 9 health practitioner, social worker engaged in providing 10 disability services, lawyer or other person to be an authorised 11 officer for this Act. 12 (2) However, a person may be appointed to be an authorised 13 officer only if-- 14 (a) the person is not a forensic disability service employee; 15 and 16 (b) in the director's or chief executive's opinion, the person 17 has the necessary expertise or experience to be an 18 authorised officer. 19 107 Appointment conditions and limit on powers 20 (1) An authorised officer holds office on the conditions stated in 21 the officer's instrument of appointment. 22 (2) The instrument of appointment may limit the authorised 23 officer's powers under this Act. 24 Page 67

 


 

Forensic Disability Bill 2011 Chapter 8 Administration Part 4 Authorised officers [s 108] 108 Approval of identity cards 1 (1) The director must approve identity cards for authorised 2 officers. 3 (2) An approved identity card for an authorised officer must 4 contain a recent photo of the officer. 5 Note-- 6 See section 153 for the requirement for an authorised officer to identify 7 himself or herself before exercising a power under this Act. 8 109 When authorised officer ceases to hold office 9 (1) An authorised officer ceases to hold office if any of the 10 following happen-- 11 (a) the term of office stated in a condition of office ends; 12 (b) under another condition of office, the officer ceases to 13 hold office; 14 (c) the officer's resignation under section 110 takes effect. 15 (2) Subsection (1) does not limit the ways an authorised officer 16 may cease to hold office. 17 (3) In this section-- 18 condition of office means a condition on which the authorised 19 officer holds office. 20 110 Resignation 21 (1) An authorised officer may resign by signed notice given to the 22 appointing entity. 23 (2) In this section-- 24 appointing entity means the director or chief executive who 25 appointed the authorised officer under this part. 26 Page 68

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 1 Return of forensic disability clients to forensic disability service for care and support [s 111] 111 Powers 1 (1) An authorised officer has the powers given under this Act. 2 Note-- 3 Authorised officers have powers under chapter 9, part 5. 4 (2) Subsection (1) has effect subject to any limitation stated in the 5 officer's instrument of appointment. 6 Chapter 9 Enforcement, evidence and 7 legal proceedings 8 Part 1 Return of forensic disability 9 clients to forensic disability 10 service for care and support 11 112 Senior practitioner may require return of client 12 (1) A senior practitioner may, by written notice given to a 13 forensic disability client, require the client to return to the 14 forensic disability service on or before a stated time-- 15 (a) to give effect to a change to the client's individual 16 development plan; or 17 (b) to give effect to a decision or order of the tribunal or 18 Mental Health Court; or 19 (c) if the senior practitioner reasonably believes-- 20 (i) the client has not complied with the client's 21 individual development plan; and 22 (ii) it is necessary in the interests of the client's health 23 or safety or the safety of others. 24 Page 69

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 1 Return of forensic disability clients to forensic disability service for care and support [s 113] (2) The senior practitioner must-- 1 (a) state the reasons for the requirement in the notice; and 2 (b) talk to the client about the requirement. 3 Note-- 4 See section 146 about complying with provisions as soon as practicable, 5 section 147 about complying with provisions to the extent reasonably 6 practicable and section 154 about ensuring the client understands things 7 told or explained to the client. 8 (3) However, the senior practitioner need not comply with 9 subsection (2)(b) if the senior practitioner reasonably believes 10 that to do so would not be in the interests of the client's health 11 or safety or the safety of others. 12 113 Taking client to forensic disability service or authorised 13 mental health service 14 (1) This section applies to-- 15 (a) a client required by notice under section 112 to return to 16 the forensic disability service; or 17 (b) a client for whom a temporary absence approval is 18 revoked or the approved period of absence has ended; or 19 (c) a client whose period of limited community treatment 20 has ended; or 21 (d) a client who has absconded from the charge of an 22 authorised person mentioned in section 117(2); or 23 (e) a client who has absconded from detention in the 24 forensic disability service; 25 (f) a client whose period of detention in an authorised 26 mental health service under the Mental Health Act, 27 section 309B has ended. 28 Note-- 29 The Mental Health Act, section 309B deals with forensic 30 disability clients taken to an authorised mental health service 31 under subsection (2)(b) or (4). 32 Page 70

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 1 Return of forensic disability clients to forensic disability service for care and support [s 113] (2) A practitioner may take a client mentioned in any of 1 subsection (1)(a) to (e) to-- 2 (a) the forensic disability service; or 3 (b) an authorised mental health service if-- 4 (i) it is not reasonably practicable to return the client 5 to the forensic disability service; and 6 (ii) the director and the director (mental health) agree 7 that the client be taken to an authorised mental 8 health service for temporary detention under the 9 Mental Health Act, section 309B. 10 Note-- 11 See section 152 in relation to the detention and care and support 12 of a client taken to an authorised mental health service under 13 paragraph (b). 14 (3) A practitioner may take a client mentioned in subsection (1)(f) 15 to-- 16 (a) if the client is to be detained in the forensic disability 17 service as mentioned in the Mental Health Act, section 18 309C(4)(b)(i)--the forensic disability service; or 19 (b) if the client is to undertake limited community treatment 20 as mentioned in the Mental Health Act, section 21 309C(4)(b)(ii)--the place where the client is to 22 undertake the limited community treatment. 23 Note for subsections (2) and (3)-- 24 See section 155 for the use of reasonable force and section 144 for the 25 administration of medication to the client. 26 (4) If it is not reasonably practicable for a practitioner to take a 27 client to the forensic disability service, an authorised mental 28 health service or a place for limited community treatment 29 (each the relevant place) under subsection (2) or (3), a health 30 practitioner may, if agreed between the director and the 31 director (mental health), take the client to the relevant place. 32 (5) For the purpose of taking a client to the relevant place under 33 subsection (4), a health practitioner may exercise a power, and 34 Page 71

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 2 Entry of places [s 114] has the obligations, under the Mental Health Act in relation to 1 the client as if the client were a forensic patient being taken to 2 an authorised mental health service. 3 (6) If asked by a practitioner or a health practitioner, a police 4 officer must, as soon as reasonably practicable, ensure 5 reasonable help is given. 6 (7) For giving the help, a police officer is taken to have responded 7 to a request by a public official under the Police Powers and 8 Responsibilities Act 2000, section 16(3). 9 (8) Also, a police officer may detain the client. 10 Note-- 11 For a police officer's entry and search powers, see the Police Powers and 12 Responsibilities Act 2000, section 21 (General power to enter to arrest or 13 detain someone or enforce warrant). 14 (9) In this section-- 15 health practitioner means a health practitioner within the 16 meaning of the Mental Health Act. 17 Part 2 Entry of places 18 114 Application of pt 2 19 This part applies if, under section 113, a practitioner is 20 authorised to take a forensic disability client to the forensic 21 disability service, an authorised mental health service or a 22 place where the client is to undertake limited community 23 treatment. 24 115 Entry of places 25 For taking the client to the forensic disability service, an 26 authorised mental health service or a place where the client is 27 Page 72

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 3 Offences [s 116] to undertake limited community treatment, the practitioner 1 may enter a place if-- 2 (a) the occupier of the place consents to the entry; or 3 (b) it is a public place and the entry is made when the place 4 is open to the public. 5 Part 3 Offences 6 116 Offences relating to ill-treatment 7 (1) This section applies to a person who has-- 8 (a) a responsibility for the detention, care and support and 9 protection of a forensic disability client in the forensic 10 disability service; or 11 (b) the care or custody of a forensic disability client 12 detained in the forensic disability service; or 13 (c) the care or custody of a forensic disability client while 14 the client is undertaking limited community treatment. 15 (2) The person must not ill-treat the forensic disability client. 16 Maximum penalty--150 penalty units or 1 year's 17 imprisonment. 18 (3) In this section-- 19 ill-treat includes wilfully abuse, neglect or exploit. 20 117 Offences relating to forensic disability clients 21 absconding 22 (1) This section applies if, under this Act, a person (the 23 authorised person) is-- 24 (a) taking a forensic disability client-- 25 (i) to the forensic disability service; or 26 Page 73

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 3 Offences [s 118] (ii) to an authorised mental health service; or 1 (iii) to a place of custody; or 2 (iv) to appear before a court; or 3 (b) accompanying a forensic disability client while the 4 client is undertaking limited community treatment; or 5 (c) caring for a forensic disability client during the client's 6 absence from the forensic disability service under a 7 temporary absence approval; or 8 (d) accompanying a forensic disability client at an 9 authorised mental health service while the client is 10 awaiting admission to that service under a transfer order. 11 (2) For this section, while the authorised person is acting as 12 mentioned in subsection (1), the client is in the authorised 13 person's charge. 14 (3) The authorised person must not wilfully allow the client to 15 abscond from the authorised person's charge. 16 Maximum penalty--200 penalty units or 2 years 17 imprisonment. 18 (4) A person must not knowingly help the client to abscond from 19 the authorised person's charge. 20 Maximum penalty--200 penalty units or 2 years 21 imprisonment. 22 118 Other offences relating to absence of forensic disability 23 clients 24 (1) A person must not-- 25 (a) induce, or knowingly help, a forensic disability client 26 detained in the forensic disability service to unlawfully 27 absent himself or herself from the service; or 28 (b) knowingly harbour a forensic disability client who is 29 unlawfully absent from the forensic disability service. 30 Page 74

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 3 Offences [s 119] Maximum penalty--200 penalty units or 2 years 1 imprisonment. 2 (2) For subsection (1)(a) or (b), a forensic disability client is 3 unlawfully absent from the forensic disability service if the 4 client has absconded from the charge of an authorised person 5 mentioned in section 117(2). 6 (3) A forensic disability service employee must not wilfully allow 7 a forensic disability client detained in the forensic disability 8 service to unlawfully absent himself or herself from the 9 service. 10 Maximum penalty--200 penalty units or 2 years 11 imprisonment. 12 119 Obstruction of official 13 (1) A person must not obstruct an official in the exercise of a 14 power under this Act, unless the person has a reasonable 15 excuse. 16 Maximum penalty--40 penalty units. 17 (2) However, a forensic disability client does not commit an 18 offence against subsection (1) merely because the client 19 resists the exercise of the power in relation to himself or 20 herself. 21 (3) In this section-- 22 official means a following person-- 23 (a) the director; 24 (b) the administrator; 25 (c) a practitioner; 26 (d) an authorised officer; 27 (e) a person acting under the direction of a person 28 mentioned in any of paragraphs (a) to (d); 29 (f) a doctor or registered nurse exercising a power under 30 section 50 or 144. 31 Page 75

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 4 Confidentiality [s 120] 120 False or misleading documents 1 (1) A person must not state anything in a document required or 2 permitted to be made under this Act the person knows is false 3 or misleading in a material particular. 4 Maximum penalty--40 penalty units. 5 (2) It is enough for a complaint against a person for an offence 6 against subsection (1) to state the statement made was, 7 without specifying which, `false or misleading'. 8 Part 4 Confidentiality 9 121 Confidentiality of information--allied persons 10 (1) This section applies to a person who is, or has been, a forensic 11 disability client's allied person and in that capacity-- 12 (a) acquired information about the client's or another 13 person's affairs; or 14 (b) has access to, or custody of, a document about the 15 affairs of a forensic disability client or another person. 16 (2) The person must not disclose the information, or give access 17 to the document, to anyone else. 18 Maximum penalty--50 penalty units or 6 months 19 imprisonment. 20 (3) However, the person may disclose the information or give 21 access to the document to someone else if-- 22 (a) the disclosure or giving of access is otherwise required 23 or permitted by law; or 24 (b) the person to whom the information or document relates 25 agrees to the disclosure or giving of access and the 26 person is an adult when the agreement is given. 27 Page 76

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 4 Confidentiality [s 122] 122 Confidentiality of information--other persons 1 (1) This section applies to a person who gains confidential 2 information through the person's involvement in the 3 administration of this Act. 4 (2) The person must not disclose the information to anyone, other 5 than under subsection (4) or section 123. 6 Maximum penalty--100 penalty units. 7 (3) Without limiting subsection (1), a person gains information 8 through involvement in the administration of this Act if the 9 person gains the information because of being, or an 10 opportunity given by being, any of the following-- 11 (a) the Minister; 12 (b) the chief executive; 13 (c) the director; 14 (d) the director (mental health); 15 (e) the administrator; 16 (f) a practitioner; 17 (g) a forensic disability service employee not mentioned in 18 paragraph (f); 19 (h) an authorised officer; 20 (i) an employee in the department. 21 (4) A person may disclose information to someone else-- 22 (a) for administering, monitoring or enforcing compliance 23 with this Act; or 24 (b) to discharge a function under another law; or 25 (c) for a proceeding in a court or tribunal; or 26 (d) if authorised under another law or a regulation made 27 under this Act; or 28 (e) if-- 29 Page 77

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 4 Confidentiality [s 123] (i) the person is authorised in writing by the person to 1 whom the information relates; and 2 (ii) the person to whom the information relates is an 3 adult when the authorisation is given; or 4 (f) to protect a forensic disability client from abuse, neglect 5 or exploitation. 6 (5) In this section-- 7 confidential information includes information about a 8 person's affairs but does not include-- 9 (a) information already publicly disclosed unless further 10 disclosure of the information is prohibited by law; or 11 (b) statistical or other information that could not reasonably 12 be expected to result in the identification of the person 13 to whom the information relates. 14 123 Disclosure of confidential information 15 (1) For a person (a relevant person) exercising a power under this 16 Act-- 17 (a) a designated person under the Health Services Act 1991, 18 part 7 may disclose to the relevant person information 19 that is confidential information under that part; and 20 (b) the director or an officer, employee or agent of the 21 department in which the Mental Health Act is 22 administered may disclose to the relevant person 23 information that is subject to confidentiality under the 24 Private Health Facilities Act 1999, section 147. 25 (2) Subsection (1) does not apply to the preparation of an annual 26 report under section 93. 27 Page 78

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 5 Investigations [s 124] Part 5 Investigations 1 124 Authorised officer may visit forensic disability service 2 (1) An authorised officer may, for the proper and efficient 3 administration of this Act, visit the forensic disability service 4 (whether with or without notice) between the hours of 8a.m. 5 and 6p.m. 6 (2) On the visit, the officer may exercise the following powers-- 7 (a) inspect any part of the service; 8 (b) confer alone with a forensic disability client detained in 9 the service; 10 (c) make inquiries about the admission, assessment, 11 detention or care and support of a forensic disability 12 client in the service; 13 (d) inspect any document, including a medical record, about 14 a forensic disability client who-- 15 (i) has been, or is being, assessed in the service; or 16 (ii) has received, or is receiving, care and support in 17 the service; 18 (e) inspect any record or register required to be kept under 19 this Act; 20 (f) require the administrator, or another person employed or 21 engaged in the service, to give to the officer reasonable 22 help for the exercise of any of the powers mentioned in 23 paragraphs (a) to (e). 24 (3) When making a requirement under subsection (2)(f), the 25 officer must warn the administrator or the other person that it 26 is an offence not to comply with the requirement, unless the 27 person has a reasonable excuse. 28 (4) A person required to give reasonable help under subsection 29 (2)(f) must comply with the requirement, unless the person 30 has a reasonable excuse. 31 Page 79

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 5 Investigations [s 125] Maximum penalty--40 penalty units. 1 (5) If a person is required under subsection (2)(f) to give 2 reasonable help by giving information or producing a 3 document, it is a reasonable excuse if complying with the 4 requirement might tend to incriminate the person. 5 125 Authorised officer may require production of documents 6 etc. 7 (1) For the proper and efficient administration of this Act, an 8 authorised officer may, by written notice, require the 9 administrator-- 10 (a) to produce to the officer-- 11 (i) a stated document (including a medical record), or 12 a copy of a stated document, about a forensic 13 disability client; or 14 (ii) another document relevant to the administration or 15 enforcement of this Act; or 16 (b) to provide stated information to the officer about-- 17 (i) a forensic disability client; or 18 (ii) another matter relevant to the administration or 19 enforcement of this Act. 20 (2) The notice must state the day on which the document or 21 information is to be produced or provided. 22 (3) The day stated under subsection (2) must be a reasonable time 23 after the notice is given. 24 (4) The administrator must comply with the notice, unless the 25 administrator has a reasonable excuse. 26 Maximum penalty--40 penalty units. 27 (5) It is a reasonable excuse if complying with the notice might 28 tend to incriminate the administrator. 29 (6) If a document, including a medical record, is produced to the 30 authorised officer, the officer-- 31 Page 80

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 6 Evidence and legal proceedings [s 126] (a) may inspect it and make copies of, or take extracts from, 1 it if it is relevant to the administration of this Act; and 2 (b) for an original document--must return it to the 3 administrator within a reasonable time after it is 4 produced. 5 Part 6 Evidence and legal 6 proceedings 7 126 Evidentiary provisions 8 (1) This section applies to a proceeding under or in relation to this 9 Act. 10 (2) Unless a party, by reasonable notice, requires proof of-- 11 (a) the appointment of any of the following-- 12 (i) the director; 13 (ii) the director (mental health); 14 (iii) the administrator; 15 (iv) a senior practitioner, authorised practitioner or 16 person appointed to perform the role of a 17 practitioner for the forensic disability service; 18 (v) an authorised officer; or 19 (b) the authority of a person mentioned in paragraph (a) to 20 do an act under this Act; 21 the appointment or authority must be presumed. 22 (3) A signature purporting to be the signature of a person 23 mentioned in subsection (2)(a), is evidence of the signature it 24 purports to be. 25 (4) A certificate purporting to be signed by the director stating 26 any of the following matters is evidence of the matter-- 27 Page 81

 


 

Forensic Disability Bill 2011 Chapter 9 Enforcement, evidence and legal proceedings Part 6 Evidence and legal proceedings [s 127] (a) a stated document is a copy of an order, notice, 1 declaration, direction or decision made, issued or given 2 under this Act; 3 (b) a stated document is a copy of an order, notice or 4 decision made, issued or given under the Mental Health 5 Act; 6 (c) on a stated day, or during a stated period, a stated person 7 was or was not a forensic disability client; 8 (d) a stated place is, or was on a stated day or during a 9 stated period, the forensic disability service; 10 (e) a stated place is, or was on a stated day or during a 11 stated period, an authorised mental health service; 12 (f) on a stated day, a stated person was given a stated order, 13 notice, declaration, direction or decision under this Act 14 or the Mental Health Act; 15 (g) a stated document is a copy of a part of a register kept 16 under this Act. 17 127 Proceedings for offences 18 (1) A proceeding for an offence against this Act must be taken in 19 a summary way under the Justices Act 1886. 20 (2) The proceeding must start-- 21 (a) within 1 year after the offence is committed; or 22 (b) within 1 year after the offence comes to the 23 complainant's knowledge, but within 2 years after the 24 offence is committed. 25 128 Protection of officials from liability 26 (1) An official does not incur civil liability for an act done, or 27 omission made, honestly and without negligence under this 28 Act. 29 Page 82

 


 

Forensic Disability Bill 2011 Chapter 10 Application of Mental Health Act Part 1 Applied provisions [s 129] (2) If subsection (1) prevents a civil liability attaching to an 1 official, the liability attaches instead to the State. 2 (3) In this section-- 3 official means a following person-- 4 (a) the director; 5 (b) the director (mental health); 6 (c) the administrator; 7 (d) a practitioner; 8 (e) an authorised officer; 9 (f) a person acting under the direction of a person 10 mentioned in any of paragraphs (a) to (e); 11 (g) a doctor or registered nurse exercising a power under 12 section 50 or 144. 13 Chapter 10 Application of Mental 14 Health Act 15 Part 1 Applied provisions 16 129 Applications for tribunal order for transfer of client to 17 authorised mental health service 18 The provisions of the Mental Health Act, chapter 5, part 1, 19 division 2A, subdivision 2 (other than section 169G(2) and (3) 20 and 169H) are applied for an application to the tribunal for a 21 transfer order for a forensic disability client. 22 Page 83

 


 

Forensic Disability Bill 2011 Chapter 10 Application of Mental Health Act Part 1 Applied provisions [s 130] 130 Applications for tribunal approval for client to move out 1 of Queensland 2 The provisions of the Mental Health Act, chapter 5, part 1, 3 division 3 (other than section 175) are applied for an 4 application to the tribunal for an approval that a client move 5 out of Queensland. 6 131 Reviews by tribunal 7 The following provisions of the Mental Health Act, chapter 6 8 are applied for reviews for forensic disability clients-- 9 (a) part 3, other than sections 203(2)(d) and (6), 204(5) and 10 (6), 204A and 206; 11 (b) part 4. 12 132 Tribunal's decision to be given effect 13 The administrator under this Act must ensure the tribunal's 14 decision on the review is given effect. 15 Note-- 16 Giving effect to the tribunal's decision may require, but is not limited to, 17 any or all of the following-- 18 (a) changing the client's individual development plan under section 19 17(3); 20 (b) authorising limited community treatment under chapter 2, part 2; 21 (c) requiring the client to return to the forensic disability service 22 under section 112(1)(b). 23 133 Examinations, references and orders for clients charged 24 with offences 25 The following provisions of the Mental Health Act, chapter 7 26 are applied for examinations, references and orders for 27 forensic disability clients charged with offences-- 28 (a) parts 1 and 2; 29 Page 84

 


 

Forensic Disability Bill 2011 Chapter 10 Application of Mental Health Act Part 1 Applied provisions [s 134] (b) part 3, other than sections 252A, 253 and 254; 1 (c) part 4, other than section 257(1)(d) and (2); 2 (d) part 5; 3 (e) part 6, other than division 3 and section 287; 4 (f) part 7, other than the following-- 5 section 294 6 divisions 2 and 3; 7 (g) part 8; 8 (h) part 9, other than section 315(a)(iv). 9 134 Forensic information orders 10 The provisions of the Mental Health Act, chapter 7A, part 2 11 (other than sections 318O(1)(e) and (g), 318Y(f) and 318ZB) 12 are applied for forensic information orders for forensic 13 disability clients. 14 135 Appeals against tribunal decisions 15 The following provisions of the Mental Health Act, chapter 8, 16 part 1 are applied for appeals against tribunal decisions for 17 forensic disability clients-- 18 (a) division 2, other than section 319(b); 19 (b) division 3, other than section 329; 20 (c) division 4. 21 136 Appeals against Mental Health Court decisions on 22 references 23 The provisions of the Mental Health Act, chapter 8, part 2 are 24 applied for appeals against a decision of the Mental Health 25 Court on a reference for forensic disability clients. 26 Page 85

 


 

Forensic Disability Bill 2011 Chapter 10 Application of Mental Health Act Part 2 Facilitation of application of applied provisions [s 137] 137 Inquiries into detention of clients in forensic disability 1 service 2 The provisions of the Mental Health Act, chapter 11, part 9 3 are applied for inquiries into the detention of a forensic 4 disability client in the forensic disability service to decide 5 whether the client's detention is lawful. 6 138 Participation and representation at tribunal hearings 7 The following provisions of the Mental Health Act, chapter 12 8 are applied for tribunal proceedings for forensic disability 9 clients-- 10 (a) part 4, other than section 451; 11 (b) parts 5 and 6. 12 Part 2 Facilitation of application of 13 applied provisions 14 139 Application of applied provisions 15 (1) This section applies for applying the applied provisions. 16 (2) Subject to subsection (3), the applied provisions apply as if-- 17 (a) a reference in the provisions to a forensic patient, patient 18 or involuntary patient, were a reference to a forensic 19 disability client; and 20 (b) a reference in the provisions to a special notification 21 forensic patient were a reference to a special notification 22 client; and 23 (c) a reference in the provisions to the director, or the 24 director (of mental health), were a reference to the 25 director under this Act; and 26 Page 86

 


 

Forensic Disability Bill 2011 Chapter 10 Application of Mental Health Act Part 2 Facilitation of application of applied provisions [s 139] (d) a reference in the provisions to an administrator were a 1 reference to the administrator under this Act; and 2 (e) a reference in the provisions to an allied person were a 3 reference to an allied person under this Act; and 4 (f) a reference in the provisions to an authorised doctor, or 5 authorised psychiatrist, were a reference to a senior 6 practitioner; and 7 (g) a reference in the provisions to a health practitioner 8 were a reference to a practitioner; and 9 (h) a reference in the provisions to an authorised mental 10 health service, treating health service or in-patient 11 facility were a reference to the forensic disability 12 service; and 13 (i) a reference in the provisions to the forensic disability 14 service were a reference to an authorised mental health 15 service; and 16 (j) a reference in the provisions to treatment, or care, were a 17 reference to care and support; and 18 (k) a reference in the provisions to a treatment plan were a 19 reference to an individual development plan; and 20 (l) a reference in the provisions to limited community 21 treatment were a reference to limited community 22 treatment within the meaning of this Act; and 23 (m) a reference in the provisions to examining a patient were 24 a reference to assessing a forensic disability client; and 25 (n) a reference in the provisions to an examination of a 26 patient were a reference to an assessment of a forensic 27 disability client; and 28 (o) a reference in the Mental Health Act, section 169D(1) to 29 an application under that Act, section 169A(3) were a 30 reference to an application under this Act; and 31 Page 87

 


 

Forensic Disability Bill 2011 Chapter 10 Application of Mental Health Act Part 3 Declaration about other Mental Health Act provisions [s 140] (p) a reference in the provisions to a transfer order were a 1 reference to a transfer order within the meaning of this 2 Act; and 3 (q) a reference in the provisions to the Mental Health Act 4 were a reference to this Act. 5 (3) Subsection (2) does not apply to the following provisions of 6 the Mental Health Act-- 7 section 288(6) to (9) 8 section 288AA 9 section 318O(1A) 10 section 325(2)(b) 11 section 337(6) and (7) 12 section 451A. 13 (4) The applied provisions also apply with any other necessary 14 changes. 15 Example of operation of this section-- 16 Under the Mental Health Act, section 203(2)(e), as applied under 17 section 131 and this section, the tribunal may make an order that a 18 forensic disability client be transferred from the forensic disability 19 service to an authorised mental health service. 20 Part 3 Declaration about other Mental 21 Health Act provisions 22 140 Operation of provision other than applied provision or 23 excluded provision 24 (1) To remove any doubt, it is declared that this chapter does not 25 affect the operation of a provision of the Mental Health Act 26 that is not an applied provision or excluded provision. 27 Page 88

 


 

Forensic Disability Bill 2011 Chapter 11 5-year review of client's benefit from care and support [s 141] Examples-- 1 chapter 6, part 5A and chapter 7, part 8A 2 (2) In this section-- 3 excluded provision means a following provision of the Mental 4 Health Act-- 5 (a) chapter 6, part 6; 6 (b) a provision that, under part 1, is expressly excluded 7 from being an applied provision. 8 Example-- 9 Section 129 expressly excludes the Mental Health Act, sections 10 169G(2) and (3) and 169H from being an applied provision. 11 Chapter 11 5-year review of client's 12 benefit from care and 13 support 14 141 Review by director 15 (1) This section applies to a forensic disability client who has 16 been a client for a continuous period of 5 years as worked out 17 under subsection (5). 18 (2) The administrator must ensure the director-- 19 (a) reviews the benefit to the client from care and support 20 provided by the forensic disability service; and 21 (b) considers whether the benefit is likely to continue if the 22 client continues to be a client. 23 (3) The director must give a report on the review to the 24 administrator. 25 (4) If the administrator receives a notice under the Mental Health 26 Act, section 202 for the hearing of a review of the client's 27 Page 89

 


 

Forensic Disability Bill 2011 Chapter 11 5-year review of client's benefit from care and support [s 142] mental condition, the administrator must give a copy of the 1 report to the tribunal. 2 (5) For working out whether a client has been a client for a 3 continuous period of 5 years, the following periods are to be 4 included-- 5 (a) any period the client was undertaking limited 6 community treatment; 7 (b) any period the client was absent from the service under a 8 temporary absence approval; 9 (c) any period the client was-- 10 (i) detained temporarily in an authorised mental 11 health service under the Mental Health Act, section 12 309B; or 13 (ii) absent from the health service while undertaking 14 limited community treatment within the meaning 15 of that Act, or under an approval given under that 16 Act, section 186. 17 Example-- 18 A forensic disability client has been subject to an applicable forensic 19 order (or successive applicable forensic orders) for 5 years. During the 5 20 years, the client undertook limited community treatment for periods 21 totalling 3 months. For subsection (1), the client has been a client for a 22 continuous period of 5 years. 23 (6) In this section-- 24 benefit means a benefit by way of individual development and 25 opportunities for quality of life and participation and inclusion 26 in the community. 27 142 Transfer from forensic disability service to authorised 28 mental health service 29 (1) Subsection (2) applies if, as a result of the review, the director 30 considers the benefit to the client mentioned in section 141 is 31 not likely to continue. 32 Page 90

 


 

Forensic Disability Bill 2011 Chapter 12 Miscellaneous provisions Part 1 Other provisions about administration or use of medication [s 143] (2) The director may, by written order, transfer the client to an 1 authorised mental health service if the director (mental health) 2 agrees to the transfer. 3 (3) Section 33(2) to (4) applies for the transfer. 4 Chapter 12 Miscellaneous provisions 5 Part 1 Other provisions about 6 administration or use of 7 medication 8 143 Definition for pt 1 9 In this part-- 10 medication does not include behaviour control medication. 11 Note-- 12 Chapter 6 provides for the administration and use of behaviour control 13 medication. 14 144 Administration of medication for particular purposes 15 (1) This section applies for taking a forensic disability client from 16 the forensic disability service to an authorised mental health 17 service (the relevant service) under a transfer order. 18 (2) This section also applies for taking a client to the forensic 19 disability service or an authorised mental health service under 20 section 113 (each of which are also the relevant service). 21 (3) Despite the absence or refusal of the client's consent, 22 medication may be administered to the client before or while 23 being taken to the relevant service. 24 (4) However, the medication-- 25 Page 91

 


 

Forensic Disability Bill 2011 Chapter 12 Miscellaneous provisions Part 1 Other provisions about administration or use of medication [s 145] (a) may be administered to the client only if a doctor is 1 satisfied it is necessary to ensure the safety of the client 2 or others while the client is being taken to the relevant 3 service; and 4 (b) must be administered by a doctor, or registered nurse 5 under the instruction of a doctor. 6 (5) The doctor or registered nurse may administer the medication 7 with the help, and using the minimum force, that is necessary 8 and reasonable in the circumstances. 9 (6) For subsection (4)(b), the doctor's instruction must include 10 the medication's name and the dose, route and frequency of 11 administration. 12 (7) A doctor or registered nurse who administers medication 13 under this section must keep a written record of the matters 14 mentioned in subsection (6). 15 (8) This section applies despite the Guardianship and 16 Administration Act, chapter 5, part 2, division 1. 17 Note-- 18 Guardianship and Administration Act, chapter 5, part 2, division 1 19 (Health care--no consent) 20 145 Review of client's medication 21 (1) A senior practitioner must ensure a doctor regularly reviews a 22 forensic disability client's need for, and the appropriateness 23 of, medication administered to or used by the client. 24 Note-- 25 See section 52 for reviewing behaviour control medication. 26 (2) The review must be carried out at least every 3 months. 27 (3) Also, if requested by the director, a senior practitioner must 28 ensure a doctor carries out an immediate review of a forensic 29 disability client's medication as mentioned in subsection (1). 30 (4) The doctor must record details of the review in the client's 31 file. 32 Page 92

 


 

Forensic Disability Bill 2011 Chapter 12 Miscellaneous provisions Part 2 Compliance with particular provisions [s 146] Part 2 Compliance with particular 1 provisions 2 146 Compliance with provisions as soon as practicable 3 (1) This section applies if, under a provision of this Act-- 4 (a) a person is required or permitted-- 5 (i) to make, prepare or give a document to someone; 6 or 7 (ii) to talk to or tell someone about a matter; and 8 (b) no time is provided or allowed for complying with the 9 provision. 10 (2) The provision must be complied with as soon as practicable. 11 147 Compliance with provisions to extent reasonably 12 practicable 13 (1) This section applies if, under a provision of this Act, a person 14 is authorised or required to give notice to or tell someone 15 about a matter. 16 (2) The person need only comply with the provision to the extent 17 that is reasonably practicable in the circumstances. 18 (3) Without limiting subsection (2), it is not reasonably 19 practicable for the administrator to comply with a provision 20 relating to a forensic disability client's allied person if, after 21 reasonable enquiries, the administrator can not ascertain the 22 allied person's whereabouts. 23 148 Administrator taken to have complied with particular 24 requirements 25 (1) This section applies if, under a provision of this Act-- 26 Page 93

 


 

Forensic Disability Bill 2011 Chapter 12 Miscellaneous provisions Part 2 Compliance with particular provisions [s 149] (a) the administrator is required to give notice to or tell a 1 forensic disability client's allied person about a matter; 2 and 3 (b) the administrator purportedly complies with the 4 requirement by giving a notice to or telling a person 5 about the matter in the honest and reasonable belief the 6 person is the client's allied person. 7 (2) The administrator is taken to have complied with the 8 requirement. 9 (3) Anything done or omitted to be done under this Act in 10 reliance on the administrator's purported compliance with the 11 requirement is taken to be as effective as it would have been 12 had the administrator complied with the requirement. 13 149 Director taken to have complied with particular 14 requirements 15 (1) The director may enter into a written agreement with the 16 director (mental health) for the director (mental health) or a 17 person nominated by the director (mental health) to give 18 information, a notice or copy of a notice to a person under a 19 prescribed provision. 20 (2) The director is taken to have complied with the prescribed 21 provision if the director (mental health) or a person nominated 22 by the director (mental health) gives the information, notice or 23 copy to the person as required under the provision. 24 (3) Anything done or omitted to be done under this Act in 25 reliance on the director's purported compliance with the 26 prescribed provision is taken to be as effective as it would 27 have been had the director complied with the provision. 28 (4) In this section-- 29 prescribed provision means a following provision of the 30 Mental Health Act, as applied under sections 134 and 139-- 31 section 318O(1) (other than sections 318O(1)(e) and 32 (g)) 33 Page 94

 


 

Forensic Disability Bill 2011 Chapter 12 Miscellaneous provisions Part 3 Other provisions [s 150] section 318U(2), (4) or (6) 1 section 318W(3), (6) or (9) 2 section 318X(3), (6) or (9) 3 section 318ZA(2). 4 Part 3 Other provisions 5 150 Legal custody of client 6 A forensic disability client is in the legal custody of the 7 administrator. 8 151 Taking client to appear before court and return to 9 forensic disability service 10 (1) This section applies if a forensic disability client is required 11 for any reason to appear before a court. 12 (2) A practitioner may take the client to appear before the court. 13 (3) Subject to any order the court may make, a practitioner may 14 take the client back to the forensic disability service at the end 15 of the proceedings. 16 Note-- 17 See section 155 for the use of reasonable force. 18 152 Care of client detained temporarily in authorised mental 19 health service 20 (1) The Mental Health Act, sections 309B and 309C provide for 21 the detention and care of a forensic disability client who is 22 taken to an authorised mental health service under section 23 113(2)(b) or (4). 24 Page 95

 


 

Forensic Disability Bill 2011 Chapter 12 Miscellaneous provisions Part 3 Other provisions [s 153] (2) In this section-- 1 care means care within the meaning of the Mental Health Act. 2 153 Official to identify himself or herself before exercising 3 powers 4 (1) Before exercising a power under this Act in relation to another 5 person, an official must, to the extent that it is reasonable and 6 practicable in the circumstances, identify himself or herself, 7 and anyone else helping the official exercise the power, to the 8 other person. 9 (2) An official who is an authorised officer complies with 10 subsection (1) if the official-- 11 (a) first produces his or her approved identity card for the 12 person's inspection; or 13 (b) has his or her approved identity card displayed so that it 14 is clearly visible to the person. 15 (3) Failure to comply with subsection (1) does not affect the 16 validity of the exercise of the power. 17 (4) In this section-- 18 approved identity card means an identity card approved under 19 section 108. 20 official means-- 21 (a) generally, a practitioner; but 22 (b) for chapter 9, part 5, an authorised officer. 23 154 Ensuring client understands things told or explained to 24 the client 25 (1) If a provision of this Act requires a person to tell or explain 26 something to a forensic disability client, the person must do 27 so-- 28 (a) in the language or way the client is most likely to 29 understand; and 30 Page 96

 


 

Forensic Disability Bill 2011 Chapter 12 Miscellaneous provisions Part 3 Other provisions [s 155] (b) in a way that has appropriate regard to the client's age, 1 culture, disability and communication ability. 2 Example of way for paragraph (a) or (b)-- 3 by using visual or other aids 4 (2) If the person believes the client has not understood what the 5 person told or explained to the client, the person must record 6 details of the fact in the client's file. 7 155 Use of reasonable force 8 (1) Subsection (2) applies for the exercise of-- 9 (a) a practitioner's power under section 37, 113(2) or (3) or 10 151; or 11 (b) the administrator's power to detain a forensic disability 12 client in the forensic disability service if, under this Act 13 or the applicable forensic order, a forensic disability 14 client is authorised or required to be detained in the 15 forensic disability service. 16 (2) The practitioner or administrator, and anyone lawfully 17 helping the practitioner or administrator-- 18 (a) may exercise the power with the help, and using the 19 minimum force, that is necessary and reasonable in the 20 circumstances; and 21 (b) is a public official for the Police Powers and 22 Responsibilities Act 2000. 23 Note-- 24 For the powers of a police officer while helping a public official, 25 see the Police Powers and Responsibilities Act 2000, section 16 26 (Helping public officials exercise powers under other Acts). 27 Page 97

 


 

Forensic Disability Bill 2011 Chapter 12 Miscellaneous provisions Part 3 Other provisions [s 156] 156 Period counted as imprisonment 1 (1) The period a person is a forensic disability client for a 2 particular offence is-- 3 (a) for the Penalties and Sentences Act 1992--taken to be 4 imprisonment already served under the sentence for the 5 offence; or 6 Note-- 7 See the Penalties and Sentences Act 1992, section 159A (Time 8 held in presentence custody to be deducted). 9 (b) for the Corrective Services Act 2006 or the Youth Justice 10 Act 1992--counted as part of the person's period of 11 imprisonment or detention for the offence. 12 (2) However, subsection (1) does not apply to a period the person 13 is granted bail for the offence. 14 157 Review of Act 15 (1) The Minister must review the efficacy and efficiency of this 16 Act as soon as practicable after the end of 3 years after the 17 commencement of this section. 18 (2) In conducting the review, if the Minister is not responsible for 19 administering the Mental Health Act, the Minister must 20 consult with the Minister responsible for administering that 21 Act. 22 (3) As soon as practicable after finishing the review, the Minister 23 must table a report about its outcome in the Legislative 24 Assembly. 25 158 Approved forms 26 The director may approve forms for use under this Act. 27 Page 98

 


 

Forensic Disability Bill 2011 Chapter 13 Transitional provision [s 159] 159 Regulation-making power 1 (1) The Governor in Council may make regulations under this 2 Act. 3 (2) A regulation may be made about the records to be kept and 4 returns to be made by persons and the inspection of records. 5 (3) A regulation may provide for a maximum penalty of not more 6 than 20 penalty units for a contravention of a regulation. 7 Chapter 13 Transitional provision 8 160 Initial director 9 (1) The chief practitioner disability is the initial Director of 10 Forensic Disability (initial director) until whichever of the 11 following happens first-- 12 (a) a Director of Forensic Disability is appointed under 13 section 85; 14 (b) the period of 5 years starting on the day this section 15 commences ends; 16 (c) the chief practitioner disability resigns from office as the 17 initial director by signed notice given to the Minister; 18 (d) the chief practitioner disability is removed from office 19 as the initial director under subsection (2). 20 Note-- 21 The functions of the initial director are provided for under section 87 22 (see schedule 2, definition director, paragraph (a)). 23 (2) The Governor in Council may at any time remove the chief 24 practitioner disability from office as the initial director for any 25 reason or none. 26 (3) To remove any doubt, it is declared that the chief practitioner 27 disability may be appointed as Director of Forensic Disability 28 under section 85. 29 Page 99

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 1 Amendment of Bail Act 1980 [s 161] (4) In this section-- 1 chief practitioner disability means the Chief Practitioner 2 Disability appointed under the Public Service Act 2008. 3 Chapter 14 Legislation amended 4 Part 1 Amendment of Bail Act 1980 5 161 Act amended 6 This part amends the Bail Act 1980. 7 162 Amendment of s 21 (Sureties) 8 Section 21(1)(c)-- 9 omit, insert-- 10 `(c) is not-- 11 (i) an involuntary patient under the Mental Health Act 12 2000 who is, or is liable to be, detained in an 13 authorised mental health service under that Act; or 14 (ii) a forensic disability client within the meaning of 15 the Forensic Disability Act 2011; or 16 (iii) a person for whom a guardian or administrator has 17 been appointed under the Guardianship and 18 Administration Act 2000; and'. 19 Page 100

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 2 Amendment of Commissions of Inquiry Act 1950 [s 163] Part 2 Amendment of Commissions of 1 Inquiry Act 1950 2 163 Act amended 3 This part amends the Commissions of Inquiry Act 1950. 4 164 Amendment of s 5B (Attendance of prisoner or patient 5 before commission) 6 (1) Section 5B, heading, `or patient'-- 7 omit, insert-- 8 `, patient or forensic disability client'. 9 (2) Section 5B(1)-- 10 insert-- 11 `(c) a forensic disability client--the chairperson may, by 12 signed notice served on the administrator of the forensic 13 disability service, direct the administrator to produce the 14 client at the time and place stated in the direction.'. 15 (3) Section 5B(2), `such prisoner or patient'-- 16 omit, insert-- 17 `the prisoner, patient or client'. 18 (4) Section 5B(3), definition administrator-- 19 omit. 20 (5) Section 5B(3)-- 21 insert-- 22 `administrator-- 23 (a) of an authorised mental health service, means the person 24 declared under the Mental Health Act 2000 to be the 25 administrator of the health service; or 26 Page 101

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 3 Amendment of Coroners Act 2003 [s 165] (b) of the forensic disability service, means the person 1 declared under the Forensic Disability Act 2011 to be 2 the administrator of the forensic disability service. 3 forensic disability client see the Forensic Disability Act 2011. 4 forensic disability service see the Forensic Disability Act 5 2011.'. 6 (6) Section 5B(3), definitions authorised mental health service 7 and involuntary patient, `schedule 2'-- 8 omit, insert-- 9 `schedule'. 10 Part 3 Amendment of Coroners Act 11 2003 12 165 Act amended 13 This part amends the Coroners Act 2003. 14 166 Amendment of s 9 (Death in care defined) 15 (1) Section 9(1)-- 16 insert-- 17 `(aa) the person was, under the Forensic Disability Act 18 2011-- 19 (i) being taken to, or detained in, the forensic 20 disability service as a forensic disability client; or 21 (ii) being taken to an authorised mental health service 22 under section 37 or 113(2)(b) or (4) of that Act; or 23 (iii) undertaking limited community treatment while 24 accompanied by a practitioner within the meaning 25 of that Act; or 26 Page 102

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 3 Amendment of Coroners Act 2003 [s 167] (iv) absent from the forensic disability service under a 1 temporary absence approval while accompanied by 2 a practitioner within the meaning of that Act; or 3 (v) awaiting admission at an authorised mental health 4 service under an order for the person's transfer 5 from the forensic disability service to the 6 authorised mental health service; or'. 7 (2) Section 9(1)(b)-- 8 insert-- 9 `(v) absent from an authorised mental health service 10 under an approval given under section 186 of that 11 Act while accompanied by an employee of a health 12 service; or 13 (vi) being detained in an authorised mental health 14 service under section 309B of that Act; or 15 (vii) being taken to the forensic disability service under 16 section 169J of that Act; or'. 17 (3) Section 9(2), `(1)(b)'-- 18 omit, insert-- 19 `(1)(aa) or (b)'. 20 (4) Section 9(4)-- 21 insert-- 22 `forensic disability client means a forensic disability client as 23 defined under the Forensic Disability Act 2011. 24 forensic disability service means the forensic disability 25 service as defined under the Forensic Disability Act 2011.'. 26 167 Amendment of s 10 (Death in custody defined) 27 Section 10(2), definition custody, paragraph (c)-- 28 insert-- 29 `(iii) the Forensic Disability Act 2011; or'. 30 Page 103

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 4 Amendment of Crime and Misconduct Act 2001 [s 169] 168 Amendment of s 47 (Coroner's comments and findings 1 for particular deaths) 2 Section 47(3), definition relevant Act, paragraph (a)-- 3 insert-- 4 `(iiia)for the death of a person mentioned in section 5 9(1)(aa)--the Forensic Disability Act 2011; or'. 6 Part 4 Amendment of Crime and 7 Misconduct Act 2001 8 169 Act amended 9 This part amends the Crime and Misconduct Act 2001. 10 170 Amendment of s 83 (Notice to attend hearing--prisoner 11 or patient) 12 (1) Section 83, heading, `or patient'-- 13 omit, insert-- 14 `, patient or forensic disability client'. 15 (2) Section 83(3) to (5)-- 16 omit, insert-- 17 `(2A) If the attendance before the commission of a forensic 18 disability client detained in the forensic disability service is 19 required, the chairperson may, by notice given to the forensic 20 disability service administrator, direct the forensic disability 21 service administrator to produce the client named in the notice 22 at a stated time and place. 23 `(3) A direction mentioned in subsection (1), (2) or (2A) is lawful 24 authority to the person to whom it is given for production of 25 the prisoner, patient or forensic disability client as directed. 26 Page 104

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 5 Amendment of Criminal Code [s 171] `(4) The person to whom the direction is given must comply with 1 the direction. 2 `(5) A prisoner, patient or forensic disability client produced under 3 this section remains in the custody of the chief executive 4 (corrective services), hospital administrator or forensic 5 disability service administrator.'. 6 (3) Section 83(6)-- 7 insert-- 8 `forensic disability client means a forensic disability client 9 within the meaning of the Forensic Disability Act 2011. 10 forensic disability service means the forensic disability 11 service within the meaning of the Forensic Disability Act 12 2011. 13 forensic disability service administrator means the 14 administrator within the meaning of the Forensic Disability 15 Act 2011.'. 16 (4) Section 83(6), definitions administrator and patient, 17 paragraph (b), `schedule 2'-- 18 omit, insert-- 19 `schedule'. 20 Part 5 Amendment of Criminal Code 21 171 Code amended 22 This part amends the Criminal Code. 23 172 Amendment of s 145A (Sections 141 to 144 do not apply 24 to certain types of custody) 25 Section 145A-- 26 Page 105

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 5 Amendment of Criminal Code [s 173] insert-- 1 `(c) the custody of a forensic disability client mentioned in 2 the Forensic Disability Act 2011;'. 3 173 Amendment of s 227C (Persons who are not criminally 4 responsible for offences against ss 227A and 227B) 5 Section 227C(3), definition lawful custody-- 6 omit, insert-- 7 `lawful custody includes detention under the Mental Health 8 Act 2000 in-- 9 (a) an authorised mental health service or a high security 10 unit within the meaning of that Act; or 11 (b) the forensic disability service within the meaning of the 12 Forensic Disability Act 2011.'. 13 174 Amendment of s 266 (Prevention of crimes and offences 14 for which an offender may be arrested without 15 warrant--prevention of violence by patients under Mental 16 Health Act 2000) 17 (1) Section 266, heading, from `patients'-- 18 omit, insert-- 19 `particular persons'. 20 (2) Section 266, after `Mental Health Act 2000'-- 21 insert-- 22 `or a forensic disability client under the Forensic Disability 23 Act 2011'. 24 175 Amendment of s 358 (Unlawful custody of patient under 25 Mental Health Act 2000) 26 (1) Section 358, heading, from `patient'-- 27 omit, insert-- 28 Page 106

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 6 Amendment of Criminal Practice Rules 1999 [s 176] `particular persons'. 1 (2) Section 358, after `Mental Health Act 2000'-- 2 insert-- 3 `or a forensic disability client under the Forensic Disability 4 Act 2011'. 5 Part 6 Amendment of Criminal 6 Practice Rules 1999 7 176 Rules amended 8 This part amends the Criminal Practice Rules 1999. 9 177 Amendment of sch 3 (Forms for indictments, 10 informations and complaints--statement of offences 11 under the Code) 12 Schedule 3, form 203-- 13 omit, insert-- 14 `Form 203 Unlawful custody of patients under 15 Mental Health Act 2000 or forensic 16 disability clients under Forensic 17 Disability Act 2011 18 (Section 358. Unlawful custody of particular persons) 19 1 Detained [or Assumed the custody of] EF, an involuntary patient 20 under the Mental Health Act 2000 contrary to the provisions of [name the 21 applicable law]. 22 2 Detained [or Assumed the custody of] EF, a forensic disability client 23 under the Forensic Disability Act 2011 contrary to the provisions of [name 24 the applicable law].'. 25 Page 107

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 7 Amendment of Disability Services Act 2006 [s 178] Part 7 Amendment of Disability 1 Services Act 2006 2 178 Act amended 3 This part amends the Disability Services Act 2006. 4 179 Amendment of s 123B (Service providers to which pt 10A 5 applies) 6 Section 123B-- 7 insert-- 8 `(2) Subsection (1) applies subject to the Forensic Disability Act 9 2011, section 47.'. 10 180 Amendment of s 123E (Definitions for pt 10A) 11 Section 123E, definition authorised psychiatrist, `schedule 12 2'-- 13 omit, insert-- 14 `schedule'. 15 181 Amendment of s 123Q (Chief executive to decide whether 16 multidisciplinary assessment of adult will be conducted) 17 (1) Section 123Q(3)(e)-- 18 renumber as section 123Q(3)(f). 19 (2) Section 123Q(3)-- 20 insert-- 21 `(e) if the chief executive is aware the adult is a forensic 22 disability client--a senior practitioner responsible for 23 the care and support of the adult under the Forensic 24 Disability Act 2011;'. 25 Page 108

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 7 Amendment of Disability Services Act 2006 [s 182] 182 Amendment of s 123T (Participation of psychiatrist in 1 development of plan--adult subject to forensic order or 2 involuntary treatment order) 3 (1) Section 123T, heading, from `in development'-- 4 omit, insert-- 5 `or senior practitioner in development of plan'. 6 (2) Section 123T(1)(a)-- 7 omit, insert-- 8 `(a) the chief executive is aware the adult is-- 9 (i) subject to a forensic order or involuntary treatment 10 order under the Mental Health Act 2000; or 11 (ii) a forensic disability client; and'. 12 (3) Section 123T(2)-- 13 omit, insert-- 14 `(2) The chief executive must ensure a following person is given 15 the opportunity to participate in the development of the 16 positive behaviour support plan-- 17 (a) for an adult mentioned in subsection (1)(a)(i)--the 18 authorised psychiatrist responsible for treatment of the 19 adult under the Mental Health Act 2000; 20 (b) for an adult mentioned in subsection (1)(a)(ii)--a senior 21 practitioner responsible for the care and support of the 22 adult under the Forensic Disability Act 2011.'. 23 183 Amendment of s 123X (Requirements for chief 24 executive's decision about whether change should be 25 made) 26 Section 123X-- 27 insert-- 28 `(3A) Also, if the chief executive is deciding whether a change 29 should be made because the adult is a forensic disability 30 Page 109

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 7 Amendment of Disability Services Act 2006 [s 184] client, the chief executive must consult a senior practitioner 1 responsible for the care and support of the adult under the 2 Forensic Disability Act 2011.'. 3 184 Amendment of s 123Y (Action of chief executive after 4 deciding whether change should be made) 5 (1) Section 123Y(5)(b), after `2000'-- 6 insert-- 7 `, or is a forensic disability client'. 8 (2) Section 123Y(5)(b)(i)-- 9 omit, insert-- 10 `(i) the relevant director; and'. 11 (3) Section 123Y(6)-- 12 insert-- 13 `relevant director means-- 14 (a) if the adult is a forensic disability client--the director of 15 forensic disability; or 16 (b) otherwise--the director of mental health.'. 17 185 Amendment of s 123ZF (Requirements for development 18 of positive behaviour support plan--assessment and 19 consultation) 20 Section 123ZF(2)-- 21 insert-- 22 `(ba) if the provider is aware the adult is a forensic disability 23 client--ensure a senior practitioner responsible for the 24 care and support of the adult under the Forensic 25 Disability Act 2011 is given the opportunity to 26 participate in the development of the positive behaviour 27 support plan; and'. 28 Page 110

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 7 Amendment of Disability Services Act 2006 [s 186] 186 Amendment of s 123ZH (Requirement for relevant service 1 provider to consider whether plan should be changed) 2 (1) Section 123ZH(1)(b), after `2000'-- 3 insert-- 4 `, or is a forensic disability client'. 5 (2) Section 123ZH(3)(a), after `2000'-- 6 insert-- 7 `, or senior practitioner responsible for the care and support of 8 the adult under the Forensic Disability Act 2011'. 9 (3) Section 123ZH(3)(b), after `psychiatrist's'-- 10 insert-- 11 `, or senior practitioner's,'. 12 187 Amendment of s 123ZI (Requirement for relevant service 13 provider to notify guardian) 14 (1) Section 123ZI(1)(a), after `2000'-- 15 insert-- 16 `, or senior practitioner responsible for the care and support of 17 the adult under the Forensic Disability Act 2011'. 18 (2) Section 123ZI(1)(b), after `psychiatrist'-- 19 insert-- 20 `, or senior practitioner,'. 21 (3) Section 123ZI(2), after `psychiatrist'-- 22 insert-- 23 `or senior practitioner'. 24 (4) Section 123ZI(2), after `psychiatrist's'-- 25 insert-- 26 `or senior practitioner's'. 27 Page 111

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 7 Amendment of Disability Services Act 2006 [s 188] (5) Section 123ZI(3), definition consult-- 1 omit, insert-- 2 `consult, the authorised psychiatrist responsible for treatment 3 of the adult under the Mental Health Act 2000, or senior 4 practitioner responsible for the care and support of the adult 5 under the Forensic Disability Act 2011, includes give the 6 psychiatrist, or senior practitioner, an opportunity to 7 participate in the development of a positive behaviour support 8 plan.'. 9 188 Amendment of s 123ZJ (Requirement for relevant service 10 provider to notify director of mental health) 11 (1) Section 123ZJ, heading, `director of mental health'-- 12 omit, insert-- 13 `relevant director'. 14 (2) Section 123ZJ(1)(c), after `2000'-- 15 insert-- 16 `, or is a forensic disability client'. 17 (3) Section 123ZJ(2), `director of mental health'-- 18 omit, insert-- 19 `relevant director'. 20 (4) Section 123ZJ(2)(a)(ii), from `of the'-- 21 omit, insert-- 22 `as mentioned in subsection (1)(c); and'. 23 (5) Section 123ZJ-- 24 insert-- 25 `(3) In this section-- 26 Page 112

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 8 Amendment of Guardianship and Administration Act 2000 [s 189] relevant director means-- 1 (a) if the adult is a forensic disability client--the director of 2 forensic disability; or 3 (b) otherwise--the director of mental health.'. 4 189 Amendment of s 123ZK (Short term approval for use of 5 restrictive practices other than containment or 6 seclusion) 7 Section 123ZK(4)-- 8 insert-- 9 `(c) if the chief executive is aware the adult is a forensic 10 disability client--a senior practitioner responsible for 11 the care and support of the adult under the Forensic 12 Disability Act 2011.'. 13 190 Amendment of sch 7 (Dictionary) 14 Schedule 7-- 15 insert-- 16 `director of forensic disability means the director under the 17 Forensic Disability Act 2011. 18 forensic disability client means a forensic disability client 19 under the Forensic Disability Act 2011.'. 20 Part 8 Amendment of Guardianship 21 and Administration Act 2000 22 191 Act amended 23 This part amends the Guardianship and Administration Act 24 2000. 25 Page 113

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 8 Amendment of Guardianship and Administration Act 2000 [s 192] Note-- 1 See also the amendments in schedule 2. 2 192 Amendment of s 29 (Other review of appointment) 3 Section 29(1)(c)-- 4 insert-- 5 `(vii)if the adult is a forensic disability client--the 6 director of forensic disability.'. 7 193 Amendment of s 80U (Definitions for ch 5B) 8 (1) Section 80U-- 9 insert-- 10 `director of forensic disability means the director of forensic 11 disability under the Forensic Disability Act 2011. 12 forensic disability client means a forensic disability client 13 under the Forensic Disability Act 2011. 14 forensic disability service means the forensic disability 15 service under the Forensic Disability Act 2011. 16 senior practitioner means a senior practitioner under the 17 Forensic Disability Act 2011.'. 18 (2) Section 80U, definition authorised psychiatrist, `schedule 19 2'-- 20 omit, insert-- 21 `schedule'. 22 194 Amendment of s 80W (Matters tribunal must consider) 23 Section 80W-- 24 insert-- 25 `(ba) if the tribunal is aware the adult is a forensic disability 26 client-- 27 Page 114

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 8 Amendment of Guardianship and Administration Act 2000 [s 195] (i) the terms of the forensic order under the Mental 1 Health Act 2000 for the adult's detention in the 2 forensic disability service; and 3 (ii) the views of a senior practitioner responsible for 4 the care and support of the adult under the Forensic 5 Disability Act 2011 about the containment or 6 seclusion of the adult;'. 7 195 Amendment of s 80ZA (When containment or seclusion 8 approval may be reviewed) 9 Section 80ZA(b)-- 10 insert-- 11 `(vii)if the adult is a forensic disability client--the 12 director of forensic disability.'. 13 196 Amendment of s 80ZE (Requirements for giving 14 consent--guardian for restrictive practice (general) 15 matter) 16 Section 80ZE(5)-- 17 insert-- 18 `(aa) if the guardian is aware the adult is a forensic disability 19 client-- 20 (i) the terms of the forensic order under the Mental 21 Health Act 2000 for the adult's detention in the 22 forensic disability service; and 23 (ii) the views of a senior practitioner responsible for 24 the care and support of the adult under the Forensic 25 Disability Act 2011 about the use of the restrictive 26 practice;'. 27 Page 115

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 8 Amendment of Guardianship and Administration Act 2000 [s 197] 197 Amendment of s 80ZH (When adult guardian may give 1 short term approval for use of containment or seclusion) 2 Section 80ZH(2)-- 3 insert-- 4 `(d) if the adult guardian is aware the adult is a forensic 5 disability client--a senior practitioner responsible for 6 the care and support of the adult under the Forensic 7 Disability Act 2011.'. 8 198 Amendment of s 80ZP (Who may apply for appointment 9 of guardian for restrictive practice matter) 10 Section 80ZP-- 11 insert-- 12 `(g) if the adult is a forensic disability client--the director of 13 forensic disability.'. 14 199 Amendment of s 80ZQ (Who is an active party) 15 Section 80ZQ-- 16 insert-- 17 `(ea) if the adult is a forensic disability client--the director of 18 forensic disability;'. 19 200 Amendment of s 80ZS (Requirements for informal 20 decision makers--consenting to use of restrictive 21 practices) 22 Section 80ZS(2)(b)-- 23 insert-- 24 `(vi) if the informal decision-maker is aware the adult is a 25 forensic disability client--a senior practitioner 26 responsible for the care and support of the adult under 27 the Forensic Disability Act 2011 has been given an 28 Page 116

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 8 Amendment of Guardianship and Administration Act 2000 [s 201] opportunity to participate in the development of the 1 positive behaviour support plan.'. 2 201 Amendment of s 118 (Tribunal advises persons 3 concerned of hearing) 4 Section 118(1)(fa)-- 5 insert-- 6 `(iv) if the tribunal is aware the adult is a forensic 7 disability client--the director of forensic 8 disability;'. 9 202 Amendment of s 222 (Definitions for ch 10) 10 (1) Section 222, definition consumer, paragraph (b)-- 11 renumber as paragraph (c). 12 (2) Section 222, definition consumer-- 13 insert-- 14 `(b) for a visitable site that is the forensic disability 15 service--any person who lives or receives services at 16 the visitable site; or'. 17 203 Amendment of s 230 (Reports by community visitors) 18 Section 230(4)-- 19 insert-- 20 `(da) the director of forensic disability;'. 21 204 Amendment of s 231 (Appointment) 22 (1) Section 231(4)(a)(ii) and (iii)-- 23 renumber as section 231(4)(a)(iii) and (iv). 24 (2) Section 231(4)(a)-- 25 Page 117

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 8 Amendment of Guardianship and Administration Act 2000 [s 205] insert-- 1 `(ii) the Forensic Disability Act 2011;'. 2 205 Insertion of new ch 12, pt 12 3 Chapter 12-- 4 insert-- 5 `Part 12 Transitional provision for 6 Forensic Disability Act 2011 7 `270 Amendment of regulation by Forensic Disability Act 8 2011 does not affect powers of Governor in Council 9 `The amendment of the Guardianship and Administration 10 Regulation 2000 by the Forensic Disability Act 2011 does not 11 affect the power of the Governor in Council to further amend 12 the regulation or to repeal it.'. 13 206 Amendment of sch 4 (Dictionary) 14 Schedule 4-- 15 insert-- 16 `director of forensic disability see section 80U. 17 forensic disability client see section 80U. 18 forensic disability service see section 80U. 19 senior practitioner, for chapter 5B, see section 80U.'. 20 Page 118

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 9 Amendment of Guardianship and Administration Regulation 2000 [s 207] Part 9 Amendment of Guardianship 1 and Administration Regulation 2 2000 3 207 Regulation amended 4 This part amends the Guardianship and Administration 5 Regulation 2000. 6 208 Amendment of sch 2 (Visitable sites) 7 Schedule 2-- 8 insert-- 9 `(f) the forensic disability service under the Forensic 10 Disability Act 2011.'. 11 Part 10 Amendment of Limitation of 12 Actions Act 1974 13 209 Act amended 14 This part amends the Limitation of Actions Act 1974. 15 210 Amendment of s 5 (Interpretation) 16 (1) Section 5(3)(b)-- 17 renumber as section 5(3)(c). 18 (2) Section 5(3)-- 19 insert-- 20 `(b) while the person is a forensic disability client under the 21 Forensic Disability Act 2011; or'. 22 Page 119

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 211] Part 11 Amendment of Mental Health 1 Act 2000 2 211 Act amended 3 This part amends the Mental Health Act 2000. 4 Note-- 5 See also the amendments in schedule 2. 6 212 Amendment of s 8 (General principles for administration 7 of Act) 8 Section 8-- 9 insert-- 10 `(2) The principles stated in the Forensic Disability Act, section 7 11 apply to the administration of this Act in relation to persons 12 with an intellectual disability as if-- 13 (a) a reference in that section to the Forensic Disability Act 14 were a reference to this Act; and 15 (b) a reference in that section to care and support were a 16 reference to care.'. 17 213 Amendment of s 9 (Principles for exercising powers and 18 performing functions) 19 Section 9, after `illness'-- 20 insert-- 21 `or intellectual disability'. 22 214 Amendment of s 124 (Preparing treatment plan) 23 (1) Section 124(1)(a)-- 24 omit, insert-- 25 Page 120

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 215] `(a) in general terms, an outline of the proposed treatment or 1 care to be provided in relation to the patient; and'. 2 (2) Section 124(1)(b), `services are'-- 3 omit, insert-- 4 `treatment or care is'. 5 (3) Section 124(4), from `account'-- 6 omit, insert-- 7 `account the following-- 8 (a) any existing plan of treatment, or advance health 9 directive under the Powers of Attorney Act 1998, for the 10 patient; 11 (b) for a patient transferred from the forensic disability 12 service to an authorised mental health service--any 13 individual development plan under the Forensic 14 Disability Act applying to the patient immediately 15 before the transfer.'. 16 215 Amendment of s 131 (What treatment plan must state for 17 limited community treatment) 18 Section 131(1)(b)(i), after `treatment'-- 19 insert-- 20 `, or the management of the patient's care, while the patient is 21 undertaking the limited community treatment'. 22 216 Amendment of s 141 (Meaning of mechanical restraint for 23 div 3) 24 Section 141(1), after `appliance'-- 25 insert-- 26 `, approved under section 162B,'. 27 Page 121

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 217] 217 Insertion of new s 141A 1 After section 141-- 2 insert-- 3 `141A Approval of mechanical appliances 4 `The director must-- 5 (a) approve the mechanical appliances that may be used for 6 mechanical restraint of a person; and 7 (b) state the approved mechanical appliances in a relevant 8 policy or practice guideline. 9 Note-- 10 Policies and practice guidelines are issued under section 309A for 11 forensic patients and section 493A for other patients.'. 12 218 Amendment of s 144 (How authorisation is given) 13 Section 144(g)-- 14 omit, insert-- 15 `(g) the time (not longer than 3 hours after the authorisation 16 is given) when the authorisation ends.'. 17 219 Insertion of new s 144A 18 After section 144-- 19 insert-- 20 `144A Use of reasonable force 21 `A doctor or the senior registered nurse on duty may, with the 22 help, and using the minimum force, that is necessary and 23 reasonable in the circumstances, apply the restraint as 24 authorised to the patient.'. 25 220 Replacement of ss 146 and 147 26 Sections 146 and 147-- 27 Page 122

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 221] omit, insert-- 1 `146 Removal of restraint before authorisation ends 2 `(1) The director may order the removal of restraint from a patient 3 in an authorised mental health service at any time. 4 `(2) If, before the authorisation of the use of the restraint ends-- 5 (a) the senior registered nurse on duty is satisfied the patient 6 can be safely treated or cared for without the restraint; 7 or 8 (b) the director orders the removal of the restraint under 9 subsection (1); 10 the senior registered nurse on duty must immediately direct 11 the removal of the restraint. 12 `147 Administrator must notify director about mechanical 13 restraint 14 `(1) The administrator of an authorised mental health service must 15 give the director written notice about the mechanical restraint 16 of a patient in the health service as soon as practicable after 17 the mechanical restraint is applied to the patient. 18 `(2) The notice must include the information required by the 19 director.'. 20 221 Amendment of s 153 (Seclusion authorised by doctor) 21 (1) Section 153(2)(c), `12'-- 22 omit, insert-- 23 `3'. 24 (2) Section 153(2)(e), after `treatment'-- 25 insert-- 26 `or care'. 27 Page 123

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 222] 222 Replacement of s 160 (Director may require reports about 1 seclusions) 2 Section 160-- 3 omit, insert-- 4 `159A Ending seclusion on director's order 5 `(1) The director may order a patient's release from seclusion in an 6 in-patient facility of an authorised mental health service at any 7 time. 8 `(2) If the director makes an order under subsection (1), a doctor 9 or senior registered nurse on duty must immediately release 10 the patient from seclusion. 11 `160 Administrator must notify director about seclusions 12 `(1) The administrator of an authorised mental health service must 13 give the director notice about the seclusion of a patient in the 14 health service. 15 `(2) The notice must-- 16 (a) be given as soon as practicable after the person is placed 17 in seclusion; and 18 (b) include the information required by the director.'. 19 223 Omission of s 164 (Administration of medication while 20 being moved in an authorised mental health service) 21 Section 164-- 22 omit. 23 224 Insertion of new ch 5, pt 1, divs 2A and 2B 24 Chapter 5, part 1-- 25 insert-- 26 Page 124

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] `Division 2A Transfers from authorised mental 1 health service to forensic disability 2 service 3 `Subdivision 1 Transfer order by director 4 `169A Transfer order 5 `(1) This section applies to a patient who is detained in an 6 authorised mental health service under a forensic order 7 (Mental Health Court--Disability). 8 `(2) The director may, by written order, transfer the patient from 9 the authorised mental health service to the forensic disability 10 service if-- 11 (a) the director is satisfied the transfer is in the patient's best 12 interests; and 13 (b) the director (forensic disability) agrees to the transfer. 14 `(3) If the director (forensic disability) does not agree to the 15 transfer, the director (within the meaning of this Act) may 16 apply to the tribunal for an order for the patient's transfer to 17 the forensic disability service. 18 `(4) Subdivision 2 applies for the application. 19 `(5) The patient must be transferred to the forensic disability 20 service if the tribunal orders the transfer. 21 `(6) However, subsection (5) does not apply if the tribunal's 22 decision is stayed under section 323. 23 `169B Director to give notice of transfer order to tribunal 24 and others 25 `Within 7 days after making the transfer order, the director 26 must give written notice of the order to each of the 27 following-- 28 Page 125

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] (a) the tribunal; 1 (b) the administrator of the patient's treating health service; 2 (c) if any proceeding involving the patient has started but 3 not finished--each entity the director considers has a 4 sufficient interest in the proceeding. 5 Example-- 6 the Mental Health Court, the director of public prosecutions or 7 other prosecuting agency 8 `169C Administrator to give notice of transfer order to 9 patient and allied person 10 `The administrator of the patient's treating health service must 11 give notice of the transfer order to-- 12 (a) the patient; and 13 (b) the patient's allied person. 14 `Subdivision 2 Application to tribunal for transfer 15 order 16 Note-- 17 See the Forensic Disability Act, sections 129 and 139 for the application 18 of this subdivision for the purpose of that Act. 19 `169D Application for order 20 `(1) An application under section 169A(3) for a transfer order 21 must-- 22 (a) be made in writing; and 23 (b) be given to the tribunal. 24 `(2) The application may be made at any time. 25 Page 126

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] `169E Notice of hearing 1 `(1) The tribunal must give written notice of the hearing of the 2 application to the following persons-- 3 (a) the director; 4 (b) the director (forensic disability); 5 (c) the administrator of the patient's treating health service; 6 (d) the administrator under the Forensic Disability Act; 7 (e) the patient; 8 (f) the patient's allied person; 9 (g) the Attorney-General. 10 `(2) The notice must-- 11 (a) be in the approved form; and 12 (b) be given at least 7 days before the hearing; and 13 (c) state the following information-- 14 (i) the time and place of the hearing; 15 (ii) the nature of the hearing; 16 (iii) the right of the parties to the proceeding to be 17 represented at the hearing. 18 `169F Deciding application 19 `The application may be decided by the tribunal constituted 20 by the president on written material and submissions, without 21 the applicant or forensic patient attending a hearing of the 22 application. 23 `169G Decision on application 24 `(1) In deciding the application, the tribunal must make or refuse 25 to make the transfer order. 26 Page 127

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] `(2) However, in deciding an application for a transfer order for a 1 patient, the tribunal must have regard to the following-- 2 (a) whether the patient has an intellectual or cognitive 3 disability within the meaning of the Forensic Disability 4 Act but does not require involuntary treatment for a 5 mental illness under this Act; 6 (b) whether the patient is likely to benefit from care and 7 support within the meaning of the Forensic Disability 8 Act provided in the forensic disability service. 9 `(3) Also, the tribunal must not make a transfer order for a patient 10 unless a certificate given to the tribunal under section 169H 11 states that the forensic disability service has the capacity for 12 the patient's detention and care. 13 `(4) In this section-- 14 benefit means benefit by way of individual development and 15 opportunities for quality of life and participation and inclusion 16 in the community. 17 `169H Certificate of forensic disability service availability 18 `(1) This section applies for the purpose of the tribunal deciding an 19 application for a transfer order for a patient. 20 `(2) If asked by the director (forensic disability), the chief 21 executive (forensic disability) must give the director (forensic 22 disability) a certificate stating whether or not the forensic 23 disability service has the capacity for the patient's detention 24 and care. 25 `(3) The director (forensic disability) may give the certificate to 26 the tribunal. 27 `(4) The tribunal may ask the director (forensic disability) to give 28 the tribunal a certificate of the chief executive (forensic 29 disability) stating whether or not the forensic disability 30 service has the capacity for the patient's detention and care. 31 Page 128

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] `(5) If the tribunal makes a request under subsection (4), the 1 director (forensic disability) must give the certificate to the 2 tribunal within-- 3 (a) 7 days after receiving the request; or 4 (b) any longer period allowed by the tribunal. 5 `169I Notice of decision 6 `(1) The tribunal must give a copy of its decision to the following 7 persons-- 8 (a) the parties to the proceeding; 9 (b) the patient's allied person; 10 (c) the administrator of the patient's treating health service. 11 `(2) Also, the tribunal must give the parties a written notice 12 stating-- 13 (a) a party may ask the tribunal for written reasons for the 14 decision; and 15 (b) a party may, within 60 days after receiving the notice, 16 appeal to the Mental Health Court against the decision; 17 and 18 (c) how to appeal. 19 `(3) If asked to do so by a party, the tribunal must give the party 20 the reasons for the decision. 21 `(4) If the request is made within 7 days after receiving the notice, 22 the tribunal must comply with the request within 21 days after 23 receiving the request. 24 `(5) Despite subsections (2) to (4), the tribunal must give the 25 Attorney-General and director the reasons for the decision 26 within 21 days after receiving a request from the 27 Attorney-General or director. 28 Page 129

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] `Subdivision 3 Taking patient to forensic disability 1 service etc. 2 `169J Taking patient to forensic disability service 3 `(1) Under a transfer order for a patient, a health practitioner may 4 take the patient to the forensic disability service. 5 Notes-- 6 1 See the definition transfer order in the schedule. 7 2 For provisions about entering places, see chapter 14 (Enforcement, 8 evidence and legal proceedings), part 2 (Entry to places). 9 `(2) For subsection (1), the practitioner-- 10 (a) may exercise the power with the help, and using the 11 minimum force, that is necessary and reasonable in the 12 circumstances; and 13 (b) is a public official for the Police Powers and 14 Responsibilities Act 2000. 15 Note-- 16 For the powers of a police officer while helping a public official, 17 see the Police Powers and Responsibilities Act 2000, section 16 18 (Helping public officials exercise powers under other Acts). 19 `169K Giving information about patient for facilitating 20 transfer and care 21 `(1) This section applies for facilitating-- 22 (a) the transfer of a patient from an authorised mental 23 health service to the forensic disability service under a 24 transfer order; and 25 (b) the care of the patient, as a forensic disability client, in 26 the forensic disability service. 27 `(2) The director may give to the director (forensic disability) or a 28 person nominated by the director (forensic disability) the 29 following information about the patient-- 30 Page 130

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] (a) the patient's personal and medical information; 1 (b) the circumstances giving rise to any forensic order for 2 the patient, including information contained in any 3 report considered by the Mental Health Court in making 4 the order; 5 (c) the details of the patient's current forensic order; 6 (d) any details necessary to give effect to the current 7 forensic order; 8 (e) the details of the patient's treatment plan; 9 (f) the patient's response to treatment or care and 10 willingness to continue treatment or care; 11 (g) the details of any instance of mechanical restraint or 12 seclusion of the patient; 13 (h) whether the tribunal or Mental Health Court has 14 approved or ordered limited community treatment for 15 the patient, including any conditions of the approval or 16 order; 17 (i) the details of any limited community treatment 18 undertaken by the patient, and the details of any limited 19 community treatment that has been revoked; 20 (j) when the tribunal is to conduct a review of the patient's 21 mental condition; 22 (k) any previous decisions of the tribunal about the patient; 23 (l) any previous decisions of the Mental Health Court about 24 the patient; 25 (m) whether the patient has an allied person under this Act 26 and, if so, the allied person's contact details; 27 (n) whether the patient has a guardian or informal 28 decision-maker and, if so, the contact details for the 29 guardian or informal decision-maker; 30 Page 131

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] (o) whether the patient is subject to a forensic information 1 order and, if so, any details necessary to give effect to 2 that order; 3 (p) any other information obtained or brought into existence 4 under this Act or the Forensic Disability Act relating to 5 the patient's care. 6 `(3) This section applies despite any duty of confidentiality or 7 right of privacy provided under this or any other Act. 8 `(4) In this section-- 9 informal decision-maker, for a patient, means a member of 10 the patient's support network, other than a paid carer for the 11 patient within the meaning of the Guardianship and 12 Administration Act 2000. 13 information includes a document. 14 personal information, about a patient, includes-- 15 (a) the patient's social circumstances, including, for 16 example, the patient's support network; and 17 (b) the patient's relevant behavioural history. 18 `Subdivision 4 Continuation of forensic order and 19 particular procedures for patient 20 transferred to forensic disability 21 service 22 `169L Continuation of existing forensic order 23 `(1) On the admission of a patient to the forensic disability service 24 under a transfer order (other than a transfer order made under 25 section 602), the patient's existing forensic order-- 26 (a) applies to the patient, as a forensic disability client, as if 27 it were a forensic order (Mental Health 28 Court--Disability) for the patient's detention in the 29 forensic disability service; and 30 Page 132

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] (b) is to be read, or continued in force, with the changes 1 necessary-- 2 (a) to make it consistent with the Forensic Disability 3 Act; and 4 (b) to adapt its operation to that Act. 5 Note-- 6 Section 605 provides for the continuation of the relevant forensic order 7 for a patient transferred under a transfer order made under section 602. 8 `(2) Subsection (1) does not affect a power of the tribunal or 9 Mental Health Court in relation to the existing forensic order. 10 `(3) Without limiting subsection (2), the tribunal may carry out a 11 review and make a decision about the existing forensic order 12 under chapter 6, part 3. 13 `(4) In this section-- 14 existing forensic order means the forensic order (Mental 15 Health Court--Disability) that, immediately before the 16 patient's admission to the forensic disability service-- 17 (a) was in force for the patient's detention in the authorised 18 mental health service; or 19 (b) under the Forensic Disability Act, section 39, applied to 20 the patient as if it were an order for the patient's 21 detention in the authorised mental health service. 22 `169M Continuation of matters under particular provisions 23 for patient transferred to forensic disability service 24 `(1) This section applies if-- 25 (a) an action is done or something is brought into existence 26 for a matter in relation to a patient in compliance with a 27 provision of this Act that is an applied provision within 28 the meaning of the Forensic Disability Act; and 29 (b) before the matter ends, the patient is transferred to the 30 forensic disability service under a transfer order, 31 including a transfer order made under section 602. 32 Page 133

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 224] `(2) On the patient's admission to the forensic disability service 1 under the transfer order-- 2 (a) the previous action or thing is taken to have been done 3 or brought into existence for a matter in relation to the 4 patient, as a forensic disability client, in compliance 5 with the provision mentioned in subsection (1)(a); and 6 (b) if the previous thing is a document, it is to be read, or 7 continued in force, with the changes necessary-- 8 (a) to make it consistent with the Forensic Disability 9 Act; and 10 (b) to adapt its operation to the Forensic Disability 11 Act. 12 `(3) The previous action or thing may be amended, repealed or 13 revoked under this Act. 14 `Division 2B Administration of medication for 15 particular purposes 16 `169N Administration of medication 17 `(1) This section applies for-- 18 (a) moving a patient from one facility in an authorised 19 mental health service to another facility in the health 20 service under section 163 for assessment, treatment or 21 care; or 22 (b) transferring a patient from an authorised mental health 23 service to-- 24 (i) another authorised mental health service; or 25 (ii) the forensic disability service. 26 `(2) Despite the absence or refusal of the patient's consent, 27 medication may be administered to the patient before or while 28 being moved or transferred. 29 Page 134

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 225] `(3) However, the medication-- 1 (a) may be administered to the patient only if a doctor is 2 satisfied it is necessary to ensure the safety of the patient 3 or others while the patient is being moved or transferred; 4 and 5 (b) must be administered by a doctor, or registered nurse 6 under the instruction of a doctor. 7 `(4) The doctor or registered nurse may administer the medication 8 with the help, and using the minimum force, that is necessary 9 and reasonable in the circumstances. 10 `(5) For subsection (3)(b), the doctor's instruction must include 11 the medication's name and the dose, route and frequency of 12 administration. 13 `(6) A doctor or registered nurse who administers medication 14 under this section must keep a written record of the matters 15 mentioned in subsection (5). 16 `(7) This section applies despite the Guardianship and 17 Administration Act 2000, chapter 5, part 2, division 1. 18 Note-- 19 Guardianship and Administration Act 2000, chapter 5, part 2, division 1 20 (Health care--no consent)'. 21 225 Amendment of s 203 (Decisions on review) 22 (1) Section 203(2)-- 23 insert-- 24 `(e) an order that the patient be transferred from an 25 authorised mental health service to the forensic 26 disability service.'. 27 (2) Section 203-- 28 insert-- 29 Page 135

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 226] `(5A) For subsection (5), the matters the tribunal must have regard 1 to in making the decision are the matters stated in this section 2 in relation to the most recent forensic order.'. 3 (3) Section 203(6), after `subsection (1) or (2)'-- 4 insert-- 5 `in relation to a patient whose most recent forensic order is not 6 a forensic order (Mental Health Court--Disability)'. 7 (4) Section 203-- 8 insert-- 9 `(6A) In making a decision under subsection (1) or (2) in relation to 10 a patient whose most recent forensic order is a forensic order 11 (Mental Health Court--Disability), the tribunal must have 12 regard to the following-- 13 (a) the patient's mental state; 14 (b) the patient's intellectual disability; 15 (c) each offence leading to the patient becoming subject to 16 the forensic order; 17 (d) the patient's social circumstances; 18 (e) the patient's treatment plan; 19 (f) the patient's behaviour in response to that plan, 20 including behaviour that places the patient's health or 21 safety or the safety of others at risk; 22 (g) any report by the director (forensic disability) on a 23 review about the patient under the Forensic Disability 24 Act, section 141.'. 25 226 Amendment of s 203A (Tribunal may order examination 26 etc.) 27 Section 203A(2) to (5)-- 28 omit, insert-- 29 Page 136

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 227] `(2) If the patient is not subject to a forensic order (Mental Health 1 Court--Disability), the tribunal may order the patient to 2 submit to an examination by a stated psychiatrist (the 3 examining person) who is not an authorised psychiatrist for 4 the patient's treating health service. 5 `(3) If the patient is subject to a forensic order (Mental Health 6 Court--Disability), the tribunal may order the patient to 7 submit to an examination by a stated person (the examining 8 person) who-- 9 (a) has expertise in the aetiology and behaviour of persons 10 with an intellectual disability; and 11 (b) is not a health practitioner engaged in providing health 12 services at the patient's treating health service. 13 `(4) If the patient is subject to 2 or more forensic orders-- 14 (a) the tribunal may make only 1 order under this section; 15 and 16 (b) the order made must be an order the tribunal may make 17 in relation to the most recent forensic order. 18 `(5) The order must state the matters on which the examining 19 person must report on to the tribunal. 20 `(6) The examining person must give a written report on the 21 examination to the tribunal. 22 `(7) The tribunal must not revoke the forensic order for the patient 23 unless the tribunal has obtained a report mentioned in 24 subsection (6) in relation to the patient.'. 25 227 Amendment of s 204 (Restrictions on review decisions) 26 Section 204-- 27 insert-- 28 `(5) In deciding whether to make an order under section 203(2)(e), 29 the tribunal must have regard to the following-- 30 Page 137

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 228] (a) whether the patient has an intellectual or cognitive 1 disability within the meaning of the Forensic Disability 2 Act but does not require involuntary treatment for a 3 mental illness under this Act; 4 (b) whether the patient is likely to benefit from care and 5 support within the meaning of the Forensic Disability 6 Act provided in the forensic disability service. 7 `(6) Also, the tribunal must not make an order for a patient under 8 section 203(2)(e) unless a certificate given to the tribunal 9 under section 204A states that the forensic disability service 10 has the capacity for the patient's detention and care. 11 `(7) In this section-- 12 benefit means benefit by way of individual development and 13 opportunities for quality of life and participation and inclusion 14 in the community.'. 15 228 Insertion of new s 204A 16 After section 204-- 17 insert-- 18 `204A Certificate of forensic disability service availability 19 `(1) This section applies for the purpose of the tribunal deciding 20 whether to make a transfer order for a patient under section 21 203(2)(e). 22 `(2) If asked by the director (forensic disability), the chief 23 executive (forensic disability) must give the director (forensic 24 disability) a certificate stating whether or not the forensic 25 disability service has the capacity for the patient's detention 26 and care. 27 `(3) The director (forensic disability) may give the certificate to 28 the tribunal. 29 `(4) The tribunal may ask the director (forensic disability) to give 30 the tribunal a certificate of the chief executive (forensic 31 Page 138

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 229] disability) stating whether or not the forensic disability 1 service has the capacity for the patient's detention and care. 2 `(5) If the tribunal makes a request under subsection (4), the 3 director (forensic disability) must give the certificate to the 4 tribunal within-- 5 (a) 7 days after receiving the request; or 6 (b) any longer period allowed by the tribunal.'. 7 229 Amendment of s 257 (Reference to Mental Health Court) 8 Section 257(1)-- 9 insert-- 10 `(e) if the person is receiving care under this Act for an 11 intellectual disability--the director.'. 12 230 Replacement of s 288 (Mental Health Court may make 13 forensic order) 14 Section 288-- 15 omit, insert-- 16 `288 Mental Health Court may make forensic order 17 `(1) This section applies if, on a reference, the Mental Health 18 Court decides a person charged with an indictable offence-- 19 (a) was of unsound mind when the alleged offence was 20 committed; or 21 (b) is unfit for trial for the alleged offence and the unfitness 22 for trial is of a permanent nature; or 23 (c) is unfit for trial for the alleged offence and the unfitness 24 for trial is not of a permanent nature. 25 `(2) The court may make an order in accordance with this division 26 (a forensic order (Mental Health Court) or a forensic order 27 (Mental Health Court--Disability)) for a person mentioned 28 Page 139

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 230] in subsection (1)(a) or (b) that the person be detained for 1 involuntary treatment or care. 2 `(3) The court must make an order in accordance with this division 3 (also a forensic order (Mental Health Court) or a forensic 4 order (Mental Health Court--Disability)) for a person 5 mentioned in subsection (1)(c) that the person be detained for 6 involuntary treatment or care. 7 `(4) In deciding whether to make an order under subsection (2), 8 the court must have regard to the following-- 9 (a) the seriousness of the offence; 10 (b) the person's treatment or care needs; 11 (c) the protection of the community. 12 `(5) After deciding to make an order under subsection (2), or for 13 the purpose of making an order as required under subsection 14 (3), the court must consider whether the person's unsoundness 15 of mind or unfitness for trial is a consequence of an 16 intellectual disability. 17 `(6) If the court does not consider the person's unsoundness of 18 mind or unfitness for trial is a consequence of an intellectual 19 disability, the order-- 20 (a) must be a forensic order (Mental Health Court); and 21 (b) must state that the person is to be detained in a stated 22 authorised mental health service for involuntary 23 treatment or care. 24 `(7) If the court considers the person's unsoundness of mind or 25 unfitness for trial is a consequence of an intellectual disability, 26 the order-- 27 (a) must be a forensic order (Mental Health 28 Court--Disability); and 29 (b) subject to subsections (8) and (9), must state which of 30 the following services the person is to be detained in for 31 care-- 32 (i) the forensic disability service; 33 Page 140

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 230] (ii) a stated authorised mental health service. 1 `(8) In deciding whether a forensic order (Mental Health 2 Court--Disability) is to state that the person is to be detained 3 in the forensic disability service for care, the court must have 4 regard to the following-- 5 (a) whether the person has an intellectual or cognitive 6 disability within the meaning of the Forensic Disability 7 Act but does not require involuntary treatment for a 8 mental illness under this Act; 9 (b) whether the person is likely to benefit from care and 10 support within the meaning of the Forensic Disability 11 Act provided in the forensic disability service. 12 `(9) A forensic order (Mental Health Court--Disability), must not 13 state that the person to whom the order relates be detained in 14 the forensic disability service for care unless a certificate 15 given to the court under section 288AA states that the forensic 16 disability service has the capacity for the person's detention 17 and care. 18 `(10) To remove any doubt, it is declared that the court is not 19 required to have regard to the matters mentioned in subsection 20 (8)(a) and (b), or a certificate given to the court under section 21 288AA, in deciding whether to make an order under 22 subsection (2). 23 `(11) A forensic order (Mental Health Court) or a forensic order 24 (Mental Health Court--Disability) must be in the approved 25 form. 26 `(12) In this section-- 27 benefit means benefit by way of individual development and 28 opportunities for quality of life and participation and inclusion 29 in the community. 30 `288AA Certificate of forensic disability service availability 31 `(1) This section applies for the purpose of the Mental Health 32 Court deciding whether a forensic order (Mental Health 33 Page 141

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 231] Court--Disability) is to state that the person to whom the 1 order relates is to be detained in the forensic disability service 2 for care. 3 `(2) If asked by the director (forensic disability), the chief 4 executive (forensic disability) must give the director (forensic 5 disability) a certificate stating whether or not the forensic 6 disability service has the capacity for the person's detention 7 and care. 8 `(3) The director (forensic disability) may give the certificate to 9 the court. 10 `(4) The court may ask the director (forensic disability) to give the 11 court a certificate of the chief executive (forensic disability) 12 stating whether or not the forensic disability service has the 13 capacity for the person's detention and care. 14 `(5) If the court makes a request under subsection (4), the director 15 (forensic disability) must give the certificate to the court 16 within-- 17 (a) 7 days after receiving the request; or 18 (b) any longer period allowed by the court.'. 19 231 Amendment of s 288A (Effect of new forensic order on 20 existing forensic order) 21 Section 288A(2)-- 22 omit, insert-- 23 `(2) If there is any inconsistency between the new forensic order 24 and the old forensic order to the extent of-- 25 (a) any limited community treatment ordered or approved 26 under the orders; or 27 (b) the place of detention under the orders; 28 the new forensic order prevails over the old forensic order to 29 the extent of the inconsistency.'. 30 Page 142

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 232] 232 Replacement of ch 7, pt 7, div 2, sdiv 4, hdg 1 (Miscellaneous provisions) 2 Chapter 7, part 7, division 2, subdivision 4, heading-- 3 omit, insert-- 4 `Division 3 Miscellaneous 5 `Subdivision 1 General'. 6 233 Amendment of s 306 (Administrator to give notice of 7 forensic order to patient's allied person) 8 Section 306, from `making'-- 9 omit, insert-- 10 `following to the patient's allied person-- 11 (a) the making of the forensic order for the patient; 12 (b) any change to the forensic order under section 607.'. 13 234 Amendment of s 309A (Policies and practice guidelines 14 about treatment and care of forensic patients etc.) 15 (1) Section 309A(2), from `about'-- 16 omit, insert-- 17 `about-- 18 (a) the care of a patient subject to a forensic order (Mental 19 Health Court--Disability) for the patient's detention in 20 an authorised mental health service; and 21 (b) the treatment and care of a special notification forensic 22 patient in an authorised mental health service.'. 23 (2) Section 309A(3) and (4)-- 24 renumber as section 309A(5) and (6). 25 Page 143

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 235] (3) Section 309A-- 1 insert-- 2 `(3) The director must consult with the director (forensic 3 disability) in preparing policies and practice guidelines 4 mentioned in subsection (2)(a). 5 `(4) Failure to comply with subsection (3) does not affect the 6 validity of the policy or practice guideline.'. 7 235 Insertion of new ch 7, pt 7, div 3, sdiv 2 8 Chapter 7, part 7, division 3-- 9 insert-- 10 `Subdivision 2 Temporary detention of particular 11 forensic disability clients 12 `309B Temporary detention in authorised mental health 13 service 14 `(1) This section applies if a forensic disability client (the client) is 15 taken to an authorised mental health service under the 16 Forensic Disability Act, section 113(2)(b) or (4). 17 `(2) The client may be detained in the health service for the period 18 agreed between the director and the director (forensic 19 disability). 20 `(3) Subject to subsection (4), the period agreed must not be more 21 than 3 days. 22 `(4) The director and the director (forensic disability) may agree 23 that the client be detained in the health service for longer than 24 3 days if-- 25 (a) both the director and the director (forensic disability) 26 are satisfied it is in the client's best interests to do so 27 having regard to the client's health and safety; and 28 (b) the director (forensic disability) has given the director 29 written notice detailing the arrangements for returning 30 Page 144

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 235] to the forensic disability service, before or at the end of 1 the longer period, the responsibility for the client's care. 2 `(5) The director must give written notice of an agreement 3 mentioned in subsection (2) or (4) to the administrator of the 4 health service. 5 `309C Application of existing forensic order 6 `(1) While a forensic disability client is detained in an authorised 7 mental health service under section 309B(2)-- 8 (a) the client's applicable forensic order applies as if it were 9 an order for the client's detention in the health service 10 for care; and 11 (b) the applicable forensic order and this Act are to be read 12 with the changes necessary for the client's detention and 13 care in the health service; and 14 (c) the Forensic Disability Act (other than sections 34, 152 15 and 156) does not apply to the client. 16 `(2) Also, while the client is detained in an authorised mental 17 health service under section 309B(2), any authorisation under 18 the Forensic Disability Act, section 20, or any order or 19 approval of the tribunal or Mental Health Court, that is in 20 force for limited community treatment for the client continues 21 as if the authorisation, order or approval were given or made 22 for the client, as a patient, under this Act. 23 `(3) Without limiting subsection (1) or (2), for the purpose of 24 giving effect to the applicable forensic order or authorisation, 25 order or approval mentioned in subsection (2) while the client 26 is detained in the health service, a person may exercise a 27 power, and has the obligations, under this Act in relation to 28 the client as if the client were a forensic patient. 29 `(4) At the end of the client's period of detention in the health 30 service under section 309B(2)-- 31 (a) the Forensic Disability Act applies to the client; and 32 Page 145

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 236] (b) the client-- 1 (i) is to be detained in the forensic disability service 2 under the applicable forensic order; or 3 (ii) may undertake any limited community treatment 4 under an authorisation that is in force for the client 5 under the Forensic Disability Act, section 20 or an 6 order of the tribunal or Mental Health Court that is 7 in force for the client. 8 `(5) However, subsection (4) does not apply if the client is 9 transferred to an authorised mental health service under the 10 Forensic Disability Act, section 34. 11 `(6) In this section-- 12 applicable forensic order means the client's applicable 13 forensic order within the meaning of the Forensic Disability 14 Act.'. 15 236 Amendment of s 318O (Tribunal may make forensic 16 patient information order) 17 (1) Section 318O, heading, `patient'-- 18 omit. 19 (2) Section 318O(1), from `(a forensic patient information 20 order)' to `(the forensic patient information)'-- 21 omit, insert-- 22 `(a forensic information order) about a forensic patient that 23 the person be given notice of the following information (the 24 forensic information)'. 25 (3) Section 318O(1)-- 26 insert-- 27 `(ba) the fact that an application has been made under section 28 171 for an approval for the patient to move out of 29 Queensland; 30 Page 146

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 237] `(da) the fact that the patient has been transferred from an 1 authorised mental health service to the forensic 2 disability service under a transfer order, and the date of 3 the transfer;'. 4 (4) Section 318O(1)(h), `(f) or (g)'-- 5 omit, insert-- 6 `(h) or (i)'. 7 (5) Section 318O(1)(ba) to (k)-- 8 renumber as section 318O(1)(c) to (m). 9 (6) Section 318O-- 10 insert-- 11 `(1A) An order made under subsection (1) about a forensic disability 12 client who is detained in an authorised mental health service 13 for more than 3 days under section 309B may also provide 14 that the person be given notice of the fact that the client is 15 detained temporarily in an authorised mental health service.'. 16 (7) Section 318O(2), from `If' to `information', second 17 mention-- 18 omit, insert-- 19 `If a forensic information order is made about the forensic 20 patient, the forensic information'. 21 (8) Section 318O(3)(b), (4) and (5), `forensic patient 22 information'-- 23 omit, insert-- 24 `forensic information'. 25 237 Amendment of s 319 (Decisions to which part applies) 26 (1) Section 319(c)-- 27 renumber as section 319(d). 28 Page 147

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 238] (2) Section 319-- 1 insert-- 2 `(c) a decision of the tribunal under chapter 5, part 1, 3 division 2A, for a transfer order for a patient;'. 4 238 Amendment of s 325 (Appeal powers) 5 Section 325(2)(b), after `(other than this part)'-- 6 insert-- 7 `and the Forensic Disability Act'. 8 239 Amendment of s 383 (Jurisdiction) 9 Section 383(1)-- 10 insert-- 11 `(d) investigating the detention of forensic disability clients 12 in the forensic disability service; 13 (e) deciding applications made under section 607 for an 14 order changing a forensic order (Mental Health Court) 15 to a forensic order (Mental Health Court--Disability).'. 16 240 Amendment of s 389 (Functions) 17 Section 389(1)(c)(ii)-- 18 omit, insert-- 19 `(ii) about clinical issues relating to the treatment, care 20 and detention needs of persons under this Act; and 21 (iii) about clinical issues relating to the care and 22 detention needs of persons under the Forensic 23 Disability Act.'. 24 Page 148

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 241] 241 Amendment of s 400 (Registrar's power to require 1 production of documents) 2 (1) Section 400(1), after `service'-- 3 insert-- 4 `or the forensic disability service'. 5 (2) Section 400(3) to (5), `commissioner of the police service or 6 director of public prosecutions'-- 7 omit, insert-- 8 `prosecuting authority'. 9 (3) Section 400(5), `commissioner or director of public 10 prosecutions'-- 11 omit, insert-- 12 `prosecuting authority'. 13 242 Amendment of s 401 (Registrar's power to require person 14 to be brought before Mental Health Court) 15 (1) Section 401(1)(b)-- 16 renumber as section 401(1)(c). 17 (2) Section 401(1)-- 18 insert-- 19 `(b) require the administrator under the Forensic Disability 20 Act to bring a forensic disability client before the court 21 at a stated time and place; or'. 22 243 Amendment of s 410 (Appointment of assistants) 23 Section 410, from `example'-- 24 omit, insert-- 25 Page 149

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 244] `example-- 1 (a) a person with appropriate communication skills or 2 appropriate cultural or social knowledge or experience; 3 or 4 (b) a person with expertise in the aetiology, behaviour and 5 care of persons with an intellectual disability.'. 6 244 Amendment of s 437 (Jurisdiction) 7 (1) Section 437(c), after `patients'-- 8 insert-- 9 `and forensic disability clients'. 10 (2) Section 437(e), `patient'-- 11 omit. 12 (3) Section 437-- 13 insert-- 14 `(i) deciding applications for orders for the transfer of 15 persons from an authorised mental health service to the 16 forensic disability service, or from the forensic 17 disability service to an authorised mental health service; 18 Note-- 19 See section 169A and the Forensic Disability Act, sections 33 20 and 34. 21 (j) deciding appeals against decisions of the administrator 22 under the Forensic Disability Act to refuse to allow 23 persons to visit forensic disability clients in the forensic 24 disability service.'. 25 245 Amendment of s 440 (Appointment of members) 26 (1) Section 440(6)-- 27 renumber as section 440(7). 28 Page 150

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 246] (2) Section 440-- 1 insert-- 2 `(6) Also, in recommending persons for appointment as members, 3 if the Minister is not responsible for administering the 4 Forensic Disability Act, the Minister must consult with the 5 Minister responsible for administering that Act.'. 6 246 Amendment of s 447 (Members constituting tribunal for 7 hearings) 8 (1) Section 447(1), note-- 9 omit. 10 (2) Section 447(1)(d)-- 11 omit, insert-- 12 `(d) an application for a forensic information order; 13 Note-- 14 Under section 318R, an application for a forensic information 15 order may also be decided by the president on the papers or 16 during the hearing for a review for the person about whom the 17 order is sought.'. 18 (3) Section 447(1)-- 19 insert-- 20 `(f) an application for an order for the transfer of a person 21 from an authorised mental health service to the forensic 22 disability service, or from the forensic disability service 23 to an authorised mental health service; 24 (g) an appeal against a decision of the administrator under 25 the Forensic Disability Act to refuse to allow a person to 26 visit a forensic disability client in the forensic disability 27 service.'. 28 Page 151

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 247] 247 Amendment of s 448 (When tribunal may be constituted 1 by less than 3 members) 2 Section 448-- 3 insert-- 4 `(d) for deciding an application for an order for the transfer 5 of a person from an authorised mental health service to 6 the forensic disability service, or from the forensic 7 disability service to an authorised mental health 8 service--if the president is satisfied it is appropriate and 9 expedient to do so; or 10 (e) for the hearing of an appeal against a decision of the 11 administrator within the meaning of the Forensic 12 Disability Act to refuse to allow a person to visit a 13 forensic disability client in the forensic disability 14 service--if the president is satisfied it is appropriate and 15 expedient to do so.'. 16 248 Insertion of new s 451A 17 After section 451-- 18 insert-- 19 `451A Right of appearance--application for order for 20 transfer to forensic disability service 21 `(1) The following persons may appear in person at the hearing of 22 an application for an order for the transfer of a patient from an 23 authorised mental health service to the forensic disability 24 service-- 25 (a) the patient; 26 (b) the director; 27 (c) director (forensic disability); 28 (d) the Attorney-General. 29 `(2) A person mentioned in subsection (1) may be represented at 30 the hearing by a lawyer or, with the leave of the tribunal, an 31 agent. 32 Page 152

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 249] `(3) If, at a tribunal hearing, the patient is not represented, the 1 presiding member may appoint a person to represent the 2 patient's views, wishes and interests. 3 Note-- 4 The tribunal may, under section 463, adjourn the hearing to allow the 5 appointment to be made.'. 6 249 Amendment of s 462 (Appointment of assistants) 7 Section 462, from `example'-- 8 omit, insert-- 9 `example-- 10 (a) a person with appropriate communication skills or 11 appropriate cultural or social knowledge or experience; 12 or 13 (b) a person with expertise in the aetiology, behaviour and 14 care of persons with an intellectual disability.'. 15 250 Insertion of new s 493B 16 Chapter 13, part 1, division 2-- 17 insert-- 18 `493B Giving information about patient to director (forensic 19 disability) or nominee 20 `(1) The director, or a person nominated by the director, may give 21 information about a person who is or was a patient to-- 22 (a) the director (forensic disability); or 23 (b) a person nominated by the director (forensic disability). 24 `(2) However, the director may only give the information if the 25 director is satisfied the information is reasonably necessary 26 for enabling the director (forensic disability) to perform that 27 director's functions under the Forensic Disability Act. 28 `(3) This section does not limit section 169K. 29 Page 153

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 251] `(4) In this section-- 1 information includes a document.'. 2 251 Amendment of s 518 (Offences relating to ill-treatment) 3 (1) Section 518(2), penalty-- 4 omit, insert-- 5 `Maximum penalty--150 penalty units or 1 year's 6 imprisonment.'. 7 (2) Section 518(3), definition ill-treat, `neglect or molest'-- 8 omit, insert-- 9 `abuse, neglect or exploit'. 10 252 Amendment of s 519 (Offences relating to patients in 11 custody absconding) 12 (1) Section 519(1)(a)(ii) and (iii)-- 13 renumber as section 519(1)(a)(iii) and (iv). 14 (2) Section 519(1)(a)-- 15 insert-- 16 `(ii) to the forensic disability service; or'. 17 253 Insertion of new ss 541A and 541B 18 After section 541-- 19 insert-- 20 `541A Ensuring patient understands things told or 21 explained to the patient 22 `(1) If a provision of this Act requires a person to tell or explain 23 something to a patient, the person must do so-- 24 (a) in the language or way the patient is most likely to 25 understand; and 26 Page 154

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 254] (b) in a way that has appropriate regard to the patient's age, 1 culture, mental illness, communication ability and any 2 disability. 3 `(2) If the person believes the patient has not understood what the 4 person told or explained to the patient, the person must record 5 details of the fact in the patient's file. 6 `541B Effect of order for transfer on forensic order 7 `(1) This section applies if a patient is transferred to an authorised 8 mental health service under-- 9 (a) an order made under section 166 or 167; or 10 (b) an order of the tribunal or Mental Health Court. 11 `(2) While the person is a forensic patient, the forensic order 12 relating to the person-- 13 (a) continues to apply to the person; and 14 (b) is to be read with any changes necessary to give it effect, 15 subject to the order mentioned in subsection (1), in 16 relation to the person's treatment or care under this 17 Act.'. 18 254 Insertion of new ch 16, pt 5 19 Chapter 16-- 20 insert-- 21 Page 155

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 254] `Part 5 Transitional provisions for 1 Forensic Disability Act 2011 2 `Division 1 Initial transfer of patients to 3 forensic disability service 4 `602 Transfer order 5 `(1) This section applies to a patient who, at the commencement, is 6 subject to a forensic order (Mental Health Court) for the 7 patient's detention in an authorised mental health service. 8 `(2) Within 6 months after the commencement, the director may, 9 by written order, transfer the patient from the authorised 10 mental health service to the forensic disability service if-- 11 (a) the director is satisfied the transfer is in the patient's best 12 interests; and 13 (b) the director (forensic disability) agrees to the transfer. 14 `(3) Chapter 5, part 1, division 2A, subdivision 3 and section 15 169M apply in relation to the transfer. 16 Note-- 17 Chapter 5, part 1, division 2A, subdivision 3 provides for taking the 18 patient to the forensic disability service, giving information for 19 facilitating the patient's transfer and care and administering medication 20 to the patient, and section 169M provides for the continuation of matters 21 under particular provisions. 22 `(4) In this section-- 23 commencement means the commencement of this section. 24 `603 Director to give notice of transfer order to tribunal 25 and others 26 `Within 7 days after making the transfer order, the director 27 must give written notice of the order to each of the 28 following-- 29 Page 156

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 254] (a) the tribunal; 1 (b) the administrator of the patient's treating health service; 2 (c) if any proceeding involving the patient has started but 3 not finished--each entity the director considers has a 4 sufficient interest in the proceeding. 5 Example-- 6 the Mental Health Court, the director of public prosecutions or 7 other prosecuting agency 8 `604 Administrator to give notice of transfer order to 9 patient and allied person 10 `The administrator of the patient's treating health service must 11 give notice of the transfer order to-- 12 (a) the patient; and 13 (b) the patient's allied person. 14 `605 Continuation of existing forensic order 15 `(1) On the admission of the patient to the forensic disability 16 service under the transfer order, the patient's existing forensic 17 order-- 18 (a) applies to the patient, as a forensic disability client, as if 19 it were a forensic order (Mental Health 20 Court--Disability) for the patient's detention in the 21 forensic disability service; and 22 (b) is to be read, or continued in force, with the changes 23 necessary-- 24 (a) to make it consistent with the Forensic Disability 25 Act; and 26 (b) to adapt its operation to that Act. 27 `(2) Subsection (1) does not affect a power of the tribunal or 28 Mental Health Court in relation to the existing forensic order. 29 Page 157

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 254] `(3) Without limiting subsection (2), the tribunal may carry out a 1 review and make a decision about the existing forensic order 2 under chapter 6, part 3. 3 `(4) Subsection (1) stops applying in relation to the patient, as a 4 forensic disability client, when whichever of the following 5 happens first-- 6 (a) the period of 1 year starting on the day the patient is 7 admitted to the forensic disability service under the 8 transfer order ends; 9 (b) the Mental Health Court makes an order changing the 10 existing forensic order under division 2. 11 `(5) In this section-- 12 existing forensic order means the forensic order (Mental 13 Health Court) that was in force for the patient immediately 14 before the patient's admission to the forensic disability service 15 under the transfer order. 16 `Division 2 Changing existing forensic order 17 `606 Definitions for div 2 18 In this division-- 19 commencement means the commencement of this section. 20 existing forensic order, for a person, means a forensic order 21 (Mental Health Court) in force, immediately before the 22 commencement, for the person's detention in an authorised 23 mental health service. 24 `607 Application for order changing existing forensic order 25 `(1) This section applies if, immediately before the 26 commencement, a person was subject to an existing forensic 27 order. 28 Page 158

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 254] `(2) An application to the Mental Health Court for an order 1 changing the existing forensic order to a forensic order 2 (Mental Health Court--Disability) may be made by any of the 3 following-- 4 (a) the person to whom the existing forensic order relates, 5 or someone else on behalf of the person; 6 (b) the director; 7 (c) the director (forensic disability); 8 (d) the director and the director (forensic disability) acting 9 jointly. 10 `(3) The application-- 11 (a) must be in writing; and 12 (b) must be accompanied by sufficient documentation to 13 enable the court to decide the application. 14 Examples-- 15 a multidisciplinary assessment of the person to whom the 16 existing forensic order relates 17 any expert report previously submitted to the court in 18 relation to the person 19 any current or proposed treatment plan, or individual 20 development plan within the meaning of the Forensic 21 Disability Act, for the person 22 any relevant psychiatrist's report for the person 23 `(4) Before deciding the application, the court must give each 24 relevant person, other than the applicant, the following-- 25 (a) a copy of the application; 26 (b) an invitation to the relevant person to make submissions 27 in writing to the court within a reasonable time about the 28 application. 29 `(5) However, for the person to whom the existing forensic order 30 relates, the documents mentioned in subsection (4) must be 31 given by the court to the director, who must then give them to 32 the person. 33 Page 159

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 254] `(6) The court is taken to have given the documents to the person 1 to whom the existing forensic order relates if the court has 2 given them to the director. 3 `(7) In this section-- 4 relevant person means each of the following-- 5 (a) the person to whom the existing forensic order relates; 6 (b) the director; 7 (c) the director (forensic disability); 8 (d) the Attorney-General. 9 `608 Court's powers 10 `(1) In deciding the application, the Mental Health Court must 11 consider whether the person's unsoundness of mind or 12 unfitness for trial which resulted in the existing forensic order 13 was a consequence of an intellectual disability. 14 `(2) The court may, by order-- 15 (a) confirm the existing forensic order; or 16 (b) change the existing forensic order to a forensic order 17 (Mental Health Court--Disability). 18 `(3) However, the court may make an order under subsection 19 (2)(b) only if the court considers the person's unsoundness of 20 mind or unfitness for trial was a consequence of an 21 intellectual disability. 22 `(4) Subject to subsections (5) and (6), an order made under 23 subsection (2)(b) must also state which of the following 24 services the person is to be detained in for care-- 25 (a) the forensic disability service; 26 (b) a stated authorised mental health service. 27 `(5) In deciding whether the person is to be detained in the 28 forensic disability service for care, the court must have regard 29 to the following-- 30 Page 160

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 254] (a) whether the person has an intellectual or cognitive 1 disability within the meaning of the Forensic Disability 2 Act but does not require involuntary treatment for a 3 mental illness under this Act; 4 (b) whether the person is likely to benefit from care and 5 support within the meaning of the Forensic Disability 6 Act provided in the forensic disability service. 7 `(6) The court must not decide that the person be detained in the 8 forensic disability service for care unless a certificate given to 9 the court under section 288AA states that the forensic 10 disability service has the capacity for the person's detention 11 and care. 12 `(7) On the making of an order under subsection (2)(b), the 13 existing forensic order is taken to be a forensic order (Mental 14 Health Court--Disability). 15 `(8) To remove any doubt, it is declared that the court is not 16 required to have regard to the matters mentioned in subsection 17 (5)(a) and (b), or a certificate given to the court under section 18 288AA, in deciding whether to make an order under 19 subsection (2). 20 `(9) This section does not limit the court's powers under section 21 288 or 289 in relation to-- 22 (a) the existing forensic order; or 23 (b) the forensic order (Mental Health Court--Disability). 24 `(10) In this section-- 25 benefit means benefit by way of individual development and 26 opportunities for quality of life and participation and inclusion 27 in the community. 28 `609 Notice of decision 29 `The registrar must give a copy of the Mental Health Court's 30 decision to the following persons-- 31 Page 161

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 254] (a) the parties to the proceeding; 1 (b) the tribunal. 2 `610 Relevant director to give notice of decision to 3 relevant administrator 4 `(1) The relevant director must give written notice of the Mental 5 Health Court's decision to the relevant administrator. 6 `(2) In this section-- 7 relevant administrator means-- 8 (a) if the person to whom the existing forensic order relates 9 is a patient--the administrator of the patient's treating 10 health service; or 11 (b) if the person to whom the existing forensic order relates 12 is a forensic disability client--the administrator under 13 the Forensic Disability Act. 14 relevant director means-- 15 (a) if the person to whom the existing forensic order relates 16 is a patient--the director; or 17 (b) if the person to whom the existing forensic order relates 18 is a forensic disability client--the director (forensic 19 disability). 20 `611 Effect of order on existing forensic order 21 `If there is an inconsistency between the existing forensic 22 order and that order as changed under section 608, that order 23 as changed under section 608 prevails to the extent of the 24 inconsistency. 25 `612 Appeal against Mental Health Court decision 26 `(1) The following persons may appeal to the Court of Appeal 27 against a decision of the Mental Health Court under section 28 608-- 29 Page 162

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 254] (a) the person to whom the existing forensic order relates, 1 or someone else on behalf of the person; 2 (b) the director; 3 (c) the director (forensic disability); 4 (d) the director and the director (forensic disability) acting 5 jointly. 6 `(2) Sections 335, 336, 337(1), (2), (4) and (7) and 338 apply for 7 the appeal. 8 `Division 3 Other provisions 9 `613 Declaration and validation concerning special 10 notification forensic patients 11 `(1) During the transitional period, section 305A is taken always to 12 have applied in relation to a forensic patient as if the Forensic 13 Disability Act 2011, section 232 had commenced on 28 14 February 2008 immediately after the commencement of the 15 Mental Health and Other Legislation Amendment Act 2007, 16 section 24. 17 `(2) In this section-- 18 transitional period means the period-- 19 (a) starting immediately after the commencement of the 20 Mental Health and Other Legislation Amendment Act 21 2007, section 24; and 22 (b) ending at the end of the day before the commencement 23 of the Forensic Disability Act 2011, section 232. 24 `614 References to forensic patient information 25 `A reference in any Act or document to forensic patient 26 information is, if the context permits, taken to be a reference 27 to forensic information. 28 Page 163

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 255] `615 References to forensic patient information orders 1 `A reference in any Act or document to a forensic patient 2 information order is, if the context permits, taken to be a 3 reference to a forensic information order. 4 `616 Orders made under s 318O(1) before 5 commencement 6 `An order made under section 318O(1) before the 7 commencement of this section is taken to be a forensic 8 information order. 9 `617 Provision about Mental Health Regulation 2002 10 `The amendment of the Mental Health Regulation 2002 by the 11 Forensic Disability Act 2011 does not affect the power of the 12 Governor in Council to further amend the regulation or to 13 repeal it.'. 14 255 Amendment of sch 2 (Dictionary) 15 (1) Schedule 2, definitions forensic order, forensic order (Mental 16 Health Court), forensic patient information, forensic patient 17 information order, hearing, mechanical restraint, party and 18 seclusion-- 19 omit. 20 (2) Schedule 2-- 21 insert-- 22 `chief executive (forensic disability) means the chief 23 executive of the department in which the Forensic Disability 24 Act 2011 is administered. 25 director (forensic disability) means the director under the 26 Forensic Disability Act. 27 Forensic Disability Act means the Forensic Disability Act 28 2011. 29 Page 164

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 255] forensic disability client see the Forensic Disability Act, 1 section 10. 2 forensic disability service means the forensic disability 3 service under the Forensic Disability Act. 4 forensic information, for chapter 7A, part 2, see section 5 318M. 6 forensic information order see section 318O(1). 7 forensic order means-- 8 (a) a forensic order (Criminal Code); or 9 (b) a forensic order (Mental Health Court); or 10 (c) a forensic order (Mental Health Court--Disability); or 11 (d) a forensic order (Minister). 12 forensic order (Mental Health Court) see section 288(2) and 13 (3). 14 forensic order (Mental Health Court--Disability) see section 15 288(2) and (3). 16 hearing, means-- 17 (a) for the tribunal-- 18 (i) the hearing for a review, treatment application or 19 application for a forensic information order; or 20 (ii) the hearing of an application for approval for a 21 patient to move out of Queensland; or 22 (iii) the hearing of an appeal against a decision to 23 exclude a visitor from an authorised mental health 24 service; or 25 (iv) the hearing of an appeal against a decision to 26 refuse to allow a person to visit a forensic 27 disability client in the forensic disability service; or 28 (v) the hearing of an application for a transfer order; or 29 (vi) the hearing of an application for an order for the 30 transfer of a forensic disability client from the 31 Page 165

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 255] forensic disability service to an authorised mental 1 health service; or 2 (b) for the Mental Health Court-- 3 (i) the hearing of an appeal against a decision of the 4 tribunal under chapter 5, part 1, division 2A for a 5 transfer order for a patient; or 6 (ii) the hearing of an appeal against a review decision 7 or a treatment application; or 8 (iii) the hearing of a reference or withdrawal of a 9 reference; or 10 (iv) the hearing of an application under section 607 to 11 change a patient's forensic order (Mental Health 12 Court) to a forensic order (Mental Health 13 Court--Disability). 14 intellectual disability includes a cognitive disability. 15 mechanical restraint see section 162A. 16 party means-- 17 (a) for an appeal to the tribunal against a decision of the 18 administrator of an authorised mental health service 19 under chapter 10, part 4 to refuse to allow a person to 20 visit a patient in the health service--the appellant or the 21 administrator of the health service; or 22 (b) for an appeal to the tribunal against a decision of the 23 administrator of the forensic disability service under the 24 Forensic Disability Act to refuse to allow a person to 25 visit a forensic disability client in that service--the 26 appellant or the administrator of that service; or 27 (c) for another proceeding in the tribunal--a person who, 28 under chapter 12, part 4, has a right to appear in person 29 at the hearing of the proceeding, regardless of whether 30 the person appears or is represented at the hearing; or 31 (d) for a proceeding in the Mental Health Court on an 32 appeal against a review decision, a decision on a 33 Page 166

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 255] treatment application, a decision under chapter 5, part 1, 1 division 2A for a transfer order for a patient or a 2 decision on an application under that part, division 3 for 3 approval that a patient move out of Queensland-- 4 (i) a party to the proceeding in the tribunal for the 5 review or application; or 6 (ii) the director, if the director is the appellant or elects 7 to become a party to the proceeding; or 8 (e) for a proceeding in the Mental Health Court on an 9 appeal against a decision on an application under 10 chapter 5, part 1, division 2A for an order for the 11 transfer of a forensic disability client from the forensic 12 disability service to an authorised mental health 13 service-- 14 (i) a party to the proceeding in the tribunal for the 15 application; or 16 (ii) the director, if the director is the appellant or elects 17 to become a party to the proceeding; or 18 (iii) the director (forensic disability), if that director 19 elects to become a party to the proceeding; or 20 (f) for a proceeding in the Mental Health Court on a 21 reference not mentioned in paragraph (g)-- 22 (i) the person the subject of the reference; or 23 (ii) the director; or 24 (iii) the director of public prosecutions; or 25 (g) for a proceeding in the Mental Health Court on a 26 reference about a person who has an intellectual 27 disability-- 28 (i) the person the subject of the reference; or 29 (ii) the director, if the director elects to become a party 30 to the proceeding; or 31 Page 167

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 255] (iii) the director (forensic disability), if that director 1 elects to become a party to the proceeding; or 2 (iv) the director of public prosecutions; or 3 (h) for a proceeding in the Mental Health Court on an 4 application to withdraw a reference--the parties to the 5 proceeding for the reference; or 6 (i) for a proceeding in the Mental Health Court on an 7 application to inquire into a patient's detention in an 8 authorised mental health service-- 9 (i) the patient; or 10 (ii) the applicant; or 11 (iii) the director. 12 (j) for a proceeding in the Mental Health Court on an 13 application to inquire into a forensic disability client's 14 detention in the forensic disability service-- 15 (i) the forensic disability client; or 16 (ii) the applicant; or 17 (iii) the director (forensic disability); 18 (k) for a proceeding in the Mental Health Court on an 19 application under section 607 to change a person's 20 forensic order (Mental Health Court) to a forensic order 21 (Mental Health Court--Disability)-- 22 (a) the person to whom the existing forensic order 23 relates, or someone else on behalf of the person; or 24 (b) the director; or 25 (c) the director (forensic disability); or 26 (d) the director and the director (forensic disability) 27 acting jointly; or 28 (e) the Attorney-General. 29 prosecuting authority, for an offence, means the 30 commissioner of the police service, director of public 31 Page 168

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 11 Amendment of Mental Health Act 2000 [s 255] prosecutions or other entity responsible for prosecuting the 1 proceeding for the offence. 2 seclusion see section 162J. 3 transfer order, other than in sections 126, 165 and 166, means 4 an order made by-- 5 (a) the director under section 169A or 602; or 6 (b) the tribunal or the Mental Health Court; 7 for the transfer of a patient from an authorised mental health 8 service to the forensic disability service.'. 9 (3) Schedule 3, definition brief of evidence, paragraph (a), 10 `commissioner of the police service or director of public 11 prosecutions'-- 12 omit, insert-- 13 `prosecuting authority'. 14 (4) Schedule 2, definition care, after `rehabilitation,'-- 15 insert-- 16 `habilitation,'. 17 (5) Schedule 2, definition less restrictive, `or treatment'-- 18 omit, insert-- 19 `, treatment or care'. 20 (6) Schedule 2, definition limited community treatment, 21 `rehabilitation'-- 22 omit, insert-- 23 `care'. 24 Page 169

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 12 Amendment of Police Powers and Responsibilities Act 2000 [s 256] Part 12 Amendment of Police Powers 1 and Responsibilities Act 2000 2 256 Act amended 3 This part amends the Police Powers and Responsibilities Act 4 2000. 5 257 Amendment of sch 1 (Acts not affected by this Act) 6 Schedule 1-- 7 insert-- 8 `Forensic Disability Act 2011'. 9 Part 13 Amendment of Powers of 10 Attorney Act 1998 11 258 Act amended 12 This part amends the Powers of Attorney Act 1998. 13 259 Insertion of new s 37A 14 After section 37-- 15 insert-- 16 `37A Act's relationship with Forensic Disability Act 17 `(1) For a forensic disability client under the Forensic Disability 18 Act 2011 who has given a direction about the person's health 19 care or special health care, whether by giving a direction in an 20 advance health directive or otherwise, an interpretation of that 21 Act that is consistent with this Act and the direction is to be 22 preferred to any other meaning. 23 Page 170

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 14 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 260] `(2) However, the Forensic Disability Act 2011 prevails in the 1 case of inconsistency.'. 2 Part 14 Amendment of Queensland 3 Civil and Administrative 4 Tribunal Act 2009 5 260 Act amended 6 This part amends the Queensland Civil and Administrative 7 Tribunal Act 2009. 8 261 Insertion of new ch 10 9 After chapter 9-- 10 insert-- 11 `Chapter 10 Transitional provision for 12 Forensic Disability Act 2011 13 `283 Transitional provision for Forensic Disability Act 2011 14 `The amendment of the Queensland Civil and Administrative 15 Tribunal Rules 2009 by the Forensic Disability Act 2011 does 16 not affect the power of the Governor in Council to further 17 amend the rules or to repeal them.'. 18 Page 171

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 15 Amendment of Queensland Civil and Administrative Tribunal Rules 2009 [s 262] Part 15 Amendment of Queensland 1 Civil and Administrative 2 Tribunal Rules 2009 3 262 Rules amended 4 This part amends the Queensland Civil and Administrative 5 Tribunal Rules 2009. 6 263 Amendment of r 21 (Alternative notice requirements for 7 proceedings about persons with impaired capacity etc.) 8 Rule 21(3)(b)(vii)-- 9 insert-- 10 `(D) if the tribunal is aware the relevant adult is a 11 forensic disability client within the meaning 12 of the Forensic Disability Act 2011--the 13 director of forensic disability under that 14 Act;'. 15 Part 16 Amendment of Residential 16 Services (Accreditation) Act 17 2002 18 264 Act amended 19 This part amends the Residential Services (Accreditation) Act 20 2002. 21 Page 172

 


 

Forensic Disability Bill 2011 Chapter 14 Legislation amended Part 17 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 [s 265] 265 Amendment of s 4 (Meaning of residential service) 1 Section 4(5)-- 2 insert-- 3 `(aa) the forensic disability service under the Forensic 4 Disability Act 2011;'. 5 Part 17 Amendment of Residential 6 Tenancies and Rooming 7 Accommodation Act 2008 8 266 Act amended 9 This part amends the Residential Tenancies and Rooming 10 Accommodation Act 2008. 11 267 Amendment of s 44 (Rooming accommodation 12 agreements to which Act does not apply) 13 Section 44(1)-- 14 insert-- 15 `(ba) accommodation provided at the forensic disability 16 service under the Forensic Disability Act 2011;'. 17 Part 18 Amendment of Supreme Court 18 of Queensland Act 1991 19 268 Act amended 20 This part amends the Supreme Court of Queensland Act 1991. 21 Page 173

 


 

Forensic Disability Bill 2011 Chapter 15 Other amendment of legislation Part 18 Amendment of Supreme Court of Queensland Act 1991 [s 269] 269 Insertion of new s 141 1 Part 11-- 2 insert-- 3 `141 Transitional provision for Forensic Disability Act 2011 4 `The amendment of the Criminal Practice Rules 1999 by the 5 Forensic Disability Act 2011 does not affect the power of the 6 Governor in Council to further amend the rules or to repeal 7 them.'. 8 Chapter 15 Other amendment of 9 legislation 10 270 Legislation amended 11 Schedule 2 amends the legislation it mentions. 12 Page 174

 


 

Forensic Disability Bill 2011 Schedule 1 Schedule 1 Assessing intellectual 1 functioning and adaptive 2 behaviour 3 section 12 4 1 Intellectual functioning 5 (1) For section 12(1)(a), a standardised measurement of 6 intelligence must be used, if practicable, to assess a person's 7 general intellectual functioning. 8 (2) If a standardised measurement of intelligence is used-- 9 (a) the person must be taken to have significant limitations 10 in intellectual functioning if the measurement indicates 11 that the person has an intelligence not higher than 2 12 standard deviations below the population average; and 13 (b) the person must be taken not to have significant 14 limitations in intellectual functioning if the 15 measurement indicates that the person has an 16 intelligence not lower than 2 standard deviations below 17 the population average. 18 (3) If the standardised measurement of intelligence is 19 inconclusive as to whether or not the person has an 20 intelligence higher or lower than 2 standard deviations below 21 the population average, other indicators of general intellectual 22 functioning may be taken into account in deciding whether or 23 not the person has significant limitations in intellectual 24 functioning. 25 (4) In applying the standardised measurement of intelligence, the 26 test result must be considered within the 95% confidence level 27 as decided by the standard error of measurement of the test. 28 Page 175

 


 

Forensic Disability Bill 2011 Schedule 1 2 Adaptive behaviour 1 (1) For section 12(1)(a), a person has significant limitations in 2 adaptive behaviour if the person has significant limitations in 3 2 or more of the following skill areas-- 4 (a) communication; 5 (b) self-care; 6 (c) home living; 7 (d) social skills; 8 (e) use of community services; 9 (f) self-direction; 10 (g) health and safety; 11 (h) functional academics, including, for example, reading, 12 writing and arithmetic; 13 (i) leisure; 14 (j) work. 15 (2) If a standardised measurement of adaptive behaviour is used 16 to assess a person's adaptive behaviour and it indicates a score 17 at or below the second percentile of people of the same age 18 and cultural group, the person must be taken to have 19 significant limitations in adaptive behaviour. 20 Page 176

 


 

Forensic Disability Bill 2011 Schedule 2 Schedule 2 Legislation amended 1 section 270 2 Part 1 Amendment of this Act 3 1 Long title, from `disability,'-- 4 omit, insert-- 5 `disability'. 6 2 Section 9, `schedule 3'-- 7 omit, insert-- 8 `schedule 2'. 9 3 Schedule 3-- 10 renumber as schedule 2. 11 Part 2 Amendment of other legislation 12 Child Protection (Offender Prohibition Order) Act 2008 13 1 Schedule, definition forensic order-- 14 omit, insert-- 15 `forensic order means a following order within the meaning 16 of the Mental Health Act 2000-- 17 Page 177

 


 

Forensic Disability Bill 2011 Schedule 2 (a) forensic order (Criminal Code); 1 (b) forensic order (Mental Health Court); 2 (c) forensic order (Mental Health Court--Disability).'. 3 Child Protection (Offender Reporting) Act 2004 4 1 Schedule 3, definition forensic order-- 5 omit, insert-- 6 `forensic order means a following order under the Mental 7 Health Act 2000-- 8 (a) forensic order (Criminal Code); 9 (b) forensic order (Mental Health Court); 10 (c) forensic order (Mental Health Court--Disability).'. 11 Guardianship and Administration Act 2000 12 1 Chapter 12, part 10, second occurring-- 13 renumber as chapter 12, part 11. 14 2 Section 268, second occurring-- 15 renumber as section 269. 16 Page 178

 


 

Forensic Disability Bill 2011 Schedule 2 Mental Health Act 2000 1 1 Sections 10, 44(1), note and 237A(1), `schedule 2'-- 2 omit, insert-- 3 `the schedule'. 4 2 Sections 25(2)(a), 26(3), 68(3), 90(5), 106(2), 117(5)(a), 5 119(6)(a), 159, 163(2)(a), 168(2)(a), 180(2), 181(3), 6 182(3)(a), 183(3)(a), 184(4), 185(3), 218(3), 252A(3), 273(3), 7 292(2), 305(2), 357(7), 424(3), 425(2), 431(2), 473(3), 8 508(3)(a), 509(3), 516(2), 541(4)(a) and 568(3)(a), `the 9 force, that is'-- 10 omit, insert-- 11 `the minimum force, that is necessary and'. 12 3 Section 72-- 13 insert-- 14 `Note-- 15 See section 537 about complying with provisions as soon as practicable, 16 section 538 about complying with provisions to the extent reasonably 17 practicable and section 541A about ensuring the patient understands 18 things told or explained to the patient.'. 19 4 Sections 73(2), 116(2) and 309(2), from `must' to 20 `assessment'-- 21 omit, insert-- 22 `carrying out an assessment of the patient must record details 23 of it'. 24 5 Chapter 4, heading-- 25 omit, insert-- 26 Page 179

 


 

Forensic Disability Bill 2011 Schedule 2 `Chapter 4 Treatment and care of 1 patients'. 2 6 Sections 111(b) and 119(3)(b), footnotes-- 3 omit, insert-- 4 `Notes-- 5 1 See section 537 about complying with provisions as soon as 6 practicable, section 538 about complying with provisions to the 7 extent reasonably practicable and section 541A about ensuring the 8 patient understands things told or explained to the patient. 9 2 For a doctor's obligations to give particular information to the 10 patient's personal attorney or personal guardian, see the 11 Guardianship and Administration Act 2000, section 76 (Health 12 providers to give information).'. 13 7 Sections 125(3)(b) and 127(2), footnotes-- 14 omit, insert-- 15 `Note-- 16 See section 537 about complying with provisions as soon as practicable, 17 section 538 about complying with provisions to the extent reasonably 18 practicable and section 541A about ensuring the patient understands 19 things told or explained to the patient.'. 20 8 Chapter 4, part 3, heading, from `treatments,'-- 21 omit, insert-- 22 `treatments'. 23 9 After section 162-- 24 insert-- 25 `Chapter 4A Restraint and seclusion of 26 patients'. 27 Page 180

 


 

Forensic Disability Bill 2011 Schedule 2 10 Chapter 4, part 3, divisions 3 and 4, as amended under 1 this Act-- 2 relocate and renumber, in chapter 4A (as inserted under this 3 Act), as parts 1 and 2. 4 11 Chapter 4, part 3, division 5-- 5 renumber as chapter 4, part 3, division 3. 6 12 Section 141, as relocated, heading, `div 3'-- 7 omit, insert-- 8 `pt 1'. 9 13 Sections 141(1) and 142, as relocated, `division'-- 10 omit, insert-- 11 `part'. 12 14 Section 143, as relocated, after `treating'-- 13 insert-- 14 `or caring for'. 15 15 Section 144(f), as relocated, after `treatment'-- 16 insert-- 17 `or care'. 18 16 Sections 141 to 147, as relocated-- 19 renumber as sections 162A to 162I. 20 17 Chapter 4A (as inserted under this Act), part 2 (as 21 relocated and renumbered), subdivisions 1 to 6-- 22 renumber as divisions 1 to 6. 23 Page 181

 


 

Forensic Disability Bill 2011 Schedule 2 18 Section 148, as relocated, heading, `div 4'-- 1 omit, insert-- 2 `pt 2'. 3 19 Sections 148(1), 149, 152 and 159, as relocated, 4 `division'-- 5 omit, insert-- 6 `part'. 7 20 Section 155(2)(b)(ii), as relocated, `151'-- 8 omit, insert-- 9 `162M'. 10 21 Sections 148 to 160, as relocated-- 11 renumber as sections 162J to 162W. 12 22 Section 163(1), `assessing or treating'-- 13 omit, insert-- 14 `the assessment, treatment or care of'. 15 23 Sections 167(1)(b) and 197(2)(b) and schedule 2, 16 definition capacity, after `treatment'-- 17 insert-- 18 `, care'. 19 24 Chapter 5, part 1, division 3, before subdivision 1-- 20 insert-- 21 `Note-- 22 See the Forensic Disability Act, sections 130 and 139 for the application 23 of this division for the purpose of that Act.'. 24 Page 182

 


 

Forensic Disability Bill 2011 Schedule 2 25 Chapter 6, part 3, before section 200-- 1 insert-- 2 `Note-- 3 See the Forensic Disability Act, sections 131 and 139 for the application 4 of this part for the purpose of that Act.'. 5 26 Chapter 6, part 4, before division 1-- 6 insert-- 7 `Note-- 8 See the Forensic Disability Act, sections 131 and 139 for the application 9 of this part for the purpose of that Act.'. 10 27 Sections 216(2)(c), 218(1)(a)(ii), 237(4)(b), 245(2)(b) and 11 324(2)(b), from `the commissioner'-- 12 omit, insert-- 13 `the prosecuting authority;'. 14 28 Section 264(1)(b)-- 15 omit, insert-- 16 `(b) the prosecuting authority.'. 17 29 Sections 228C(1), 318(1)(b), 318M, 318N, 318P(2), 318Q(2) 18 and (3), 318S, 318T, 318U(1), 318V, 318W, 318X, 318Y, 19 318Z, 318ZA, 318ZB, 453, 458(2A), 465(3), 481(b), 595, 20 596(2) and 597(2), `patient information'-- 21 omit, insert-- 22 `information'. 23 30 Chapter 7, before part 1-- 24 insert-- 25 Page 183

 


 

Forensic Disability Bill 2011 Schedule 2 `Note-- 1 See the Forensic Disability Act, sections 133 and 139 for the application 2 of this part for the purpose of that Act.'. 3 31 Section 237A, `commissioner of the police service or 4 director of public prosecutions'-- 5 omit, insert-- 6 `prosecuting authority'. 7 32 Section 237A(5), `commissioner or director of public 8 prosecutions'-- 9 omit, insert-- 10 `prosecuting authority'. 11 33 Section 238(2)(b) and (c), `illness'-- 12 omit, insert-- 13 `condition'. 14 34 Sections 238(2)(c), 289(6)(d), 347(1)(b), 374(1), 532(2)(d), 15 533(1)(a), 533(1)(b)(ii) and schedule 2, definition harmful 16 thing, after `treatment'-- 17 insert-- 18 `or care'. 19 35 Sections 278(a) and 307(a), footnote-- 20 omit. 21 36 Sections 278 and 307-- 22 insert-- 23 `Note-- 24 See section 537 about complying with provisions as soon as practicable, 25 section 538 about complying with provisions to the extent reasonably 26 Page 184

 


 

Forensic Disability Bill 2011 Schedule 2 practicable and section 541A about ensuring the client understands 1 things told or explained to the patient.'. 2 37 Section 286A(2)(a), `and'-- 3 omit, insert-- 4 `or'. 5 38 Sections 295 to 298-- 6 omit. 7 39 Section 313A, note, `288(3)'-- 8 omit, insert-- 9 `288(4)'. 10 40 Chapter 7A, heading, `patient', second mention-- 11 omit. 12 41 Chapter 7A, part 2, heading, `patient'-- 13 omit. 14 42 Chapter 7A, part 2, before division 1-- 15 insert-- 16 `Note-- 17 See the Forensic Disability Act, sections 134 and 139 for the application 18 of this part for the purpose of that Act.'. 19 43 Chapter 7A, part 2, divisions 2 to 4, heading, `patient'-- 20 omit. 21 Page 185

 


 

Forensic Disability Bill 2011 Schedule 2 44 Sections 318U(5)(e) and (f) and 318W(5)(e) and (f), 1 `director'-- 2 omit, insert-- 3 `president'. 4 45 Chapter 8, part 1, before division 1-- 5 insert-- 6 `Note-- 7 See the Forensic Disability Act, sections 135 and 139 for the application 8 of this part for the purpose of that Act.'. 9 46 Chapter 8, part 2, before section 334-- 10 insert-- 11 `Note-- 12 See the Forensic Disability Act, sections 136 and 139 for the application 13 of this part for the purpose of that Act.'. 14 47 Sections 340 and 489(1)(b), `and treatment'-- 15 omit, insert-- 16 `, treatment and care'. 17 48 Section 342(2), after `person', second mention-- 18 insert-- 19 `under this Act or the Forensic Disability Act'. 20 49 Section 345(2), from `statement--'-- 21 omit, insert-- 22 `statement. 23 Note-- 24 See also section 541A about ensuring the patient understands things told 25 or explained to the patient.'. 26 Page 186

 


 

Forensic Disability Bill 2011 Schedule 2 50 Section 345(3)-- 1 omit. 2 51 Sections 351 and 531, definition patient, `detained or 3 treated for a mental illness'-- 4 omit, insert-- 5 `detained, treated or cared for'. 6 52 Sections 418(1), 477(1) and 478(1), after `this Act'-- 7 insert-- 8 `or the Forensic Disability Act'. 9 53 Section 421(d) and (e)-- 10 renumber as section 421(e) and (f). 11 54 Section 421-- 12 insert-- 13 `(d) forensic order (Mental Health Court--Disability);'. 14 55 Sections 424(6) and 517(3), `reasonable force'-- 15 omit, insert-- 16 `minimum force, that is necessary and reasonable in the 17 circumstances,'. 18 56 Chapter 11, part 9, before section 427-- 19 insert-- 20 `Note-- 21 See the Forensic Disability Act, sections 137 and 139 for the application 22 of this part for the purpose of that Act.'. 23 Page 187

 


 

Forensic Disability Bill 2011 Schedule 2 57 Chapter 12, before part 1-- 1 insert-- 2 `Note-- 3 See the Forensic Disability Act, sections 138 and 139 for the application 4 of this chapter for the purpose of that Act.'. 5 58 Section 458(2B), `(2)'-- 6 omit, insert-- 7 `(2A)'. 8 59 Section 481(d)-- 9 omit, insert-- 10 `(d) application under section 169A for a transfer order; 11 (e) notice of appeal under section 376. 12 Note-- 13 The notice of appeal is for an appeal to the Mental Health 14 Review Tribunal against-- 15 a decision made under section 374 to exclude a visitor from 16 an authorised mental health service 17 a decision made under the Forensic Disability Act, section 18 82 to refuse to allow a person to visit a forensic disability 19 client in the forensic disability service.'. 20 60 Section 486(1)-- 21 insert-- 22 `(e) applications under section 169A for transfer orders.'. 23 61 Section 509(1), `which'-- 24 omit, insert-- 25 `whom'. 26 Page 188

 


 

Forensic Disability Bill 2011 Schedule 2 62 Section 518(1)(a), `or treatment for mental illness'-- 1 omit, insert-- 2 `, treatment or care'. 3 63 Section 527, `forensic patient information order'-- 4 omit, insert-- 5 `forensic information order'. 6 64 Section 532(2)(c) and schedule 2, definition health 7 service employee, `or treatment'-- 8 omit, insert-- 9 `, treatment or care'. 10 65 Schedule 2-- 11 renumber as schedule. 12 Mental Health Regulation 2002 13 1 Section 3(1)-- 14 insert-- 15 `(c) a person detained in the health service under section 16 309B of the Act.'. 17 2 Section 4(1)(e) to (i)-- 18 renumber as section 4(1)(g) to (k). 19 3 Section 4(1)-- 20 insert-- 21 Page 189

 


 

Forensic Disability Bill 2011 Schedule 2 `(e) if the director, tribunal or Mental Health Court makes an 1 order for the person's transfer from the health service to 2 another authorised mental health service or the forensic 3 disability service--the day the order is made; 4 (f) if the person is moved from the health service to another 5 authorised mental health service or the forensic 6 disability service under an order mentioned in paragraph 7 (e)--the day the person is moved;'. 8 4 Section 4(1)(k), as renumbered, examples-- 9 omit, insert-- 10 `Examples of reasons for the ceasing-- 11 1 The assessment period for the person ends and no 12 involuntary treatment order is made. 13 2 The person is transferred to another authorised mental 14 health service or the forensic disability service.'. 15 Page 190

 


 

Forensic Disability Bill 2011 Schedule 3 Schedule 3 Dictionary 1 section 9 2 administrator means the person declared under section 96 to 3 be the administrator of the forensic disability service. 4 advance health directive see the Powers of Attorney Act 1998, 5 section 35. 6 allied person, of a forensic disability client, see section 23. 7 applicable forensic order, in relation to a forensic disability 8 client-- 9 (a) means the forensic order (Mental Health 10 Court--Disability) that is in force for the client's 11 detention in the forensic disability service; and 12 (b) includes an order that, under the Mental Health Act, 13 section 169L or 605, applies to the client as if it were an 14 order for the client's detention in the forensic disability 15 service. 16 applied provisions, for a particular matter relating to this Act, 17 means the provisions of the Mental Health Act that are 18 applied for the matter under chapter 10, part 1 of this Act. 19 appropriately qualified, for a person to whom a power may 20 be delegated under this Act, includes having the 21 qualifications, experience or standing appropriate to exercise 22 the power. 23 approved mechanical appliance means a mechanical 24 appliance approved under section 55. 25 authorised mental health service means an authorised mental 26 health service under the Mental Health Act. 27 authorised officer means a person appointed to be an 28 authorised officer under section 106. 29 Page 191

 


 

Forensic Disability Bill 2011 Schedule 3 authorised practitioner-- 1 (a) generally, means a person appointed as an authorised 2 practitioner under section 101; but 3 (b) for chapter 6, see section 43. 4 behaviour control medication see section 44. 5 capacity, for chapter 1, part 3 and chapter 3, part 2 in relation 6 to a forensic disability client, means the client is capable of-- 7 (a) understanding the nature and effect of decisions about 8 the client's assessment, care and support or choice of an 9 allied person; and 10 (b) freely and voluntarily making decisions about the 11 client's assessment, care and support or choice of an 12 allied person; and 13 (c) communicating the decisions in some way. 14 care and support, in relation to a forensic disability client, 15 includes the provision of habilitation, rehabilitation, support 16 and other services for the client. 17 carer, of a forensic disability client, means a person who-- 18 (a) provides domestic services and support to the client; or 19 (b) arranges for the client to be provided with domestic 20 services and support. 21 client means a forensic disability client. 22 cognitive disability see section 11. 23 director means-- 24 (a) other than for sections 85 and 86--the initial director 25 under section 160; or 26 (b) the Director of Forensic Disability appointed under 27 section 85. 28 director (mental health) means the Director of Mental Health 29 appointed under the Mental Health Act. 30 Disability Services Act means the Disability Services Act 31 2006. 32 Page 192

 


 

Forensic Disability Bill 2011 Schedule 3 forensic disability client see section 10. 1 forensic disability service means the forensic disability 2 service declared under section 95. 3 forensic disability service employee means-- 4 (a) a practitioner employed, or engaged to perform services, 5 at the forensic disability service; or 6 (b) a person employed, or engaged, at the forensic disability 7 service to perform administrative functions relating to 8 the assessment or care and support of forensic disability 9 clients. 10 forensic information order means a forensic information 11 order made under the Mental Health Act, section 318O. 12 forensic order (Mental Health Court--Disability) means a 13 forensic order (Mental Health Court--Disability) made under 14 the Mental Health Act, section 288(2) or (3). 15 guardian means a guardian appointed under the Guardianship 16 and Administration Act. 17 Guardianship and Administration Act means the 18 Guardianship and Administration Act 2000. 19 harmful thing means anything-- 20 (a) that may be used to-- 21 (i) threaten the security of the forensic disability 22 service; or 23 (ii) threaten a person's health or safety; or 24 (b) that, if used by a forensic disability client in the forensic 25 disability service, is likely to adversely affect the client's 26 care and support. 27 Examples of a harmful thing-- 28 a gun or replica of a gun, a dangerous drug, alcohol, medication 29 individual development plan see section 13. 30 informal decision-maker, for a forensic disability client, 31 means a member of the client's support network, other than a 32 Page 193

 


 

Forensic Disability Bill 2011 Schedule 3 paid carer for the client within the meaning of the 1 Guardianship and Administration Act. 2 intellectual disability see section 12. 3 least restrictive, for the use of restraint or seclusion in relation 4 to a forensic disability client, means the use of restraint or 5 seclusion that-- 6 (a) ensures the safety of the client or others; and 7 (b) having regard to paragraph (a), imposes the minimum 8 limits on the client's freedom as is practicable in the 9 circumstances. 10 limited community treatment, for a forensic disability client, 11 means the provision of some care and support for the client in 12 the community. 13 medication, for chapter 12, part 1, see section 143. 14 Mental Health Act means the Mental Health Act 2000. 15 Mental Health Court means the Mental Health Court 16 established under the Mental Health Act. 17 patient means a patient within the meaning of the Mental 18 Health Act. 19 plan means an individual development plan. 20 practitioner means-- 21 (a) a senior practitioner; or 22 (b) an authorised practitioner; or 23 (c) other than for section 104--a person appointed under 24 that section to perform the role of a practitioner. 25 psychiatrist means a person registered under the Health 26 Practitioner Regulation National Law to practise in the 27 medical profession as a specialist registrant in the specialty of 28 psychiatry, other than as a student. 29 registered health practitioner means-- 30 (a) a person registered under the Health Practitioner 31 Regulation National Law to practise, other than as a 32 student, in any of the following-- 33 Page 194

 


 

Forensic Disability Bill 2011 Schedule 3 (i) the medical profession; 1 (ii) the nursing profession; 2 (iii) the physiotherapy profession; 3 (iv) the psychology profession; or 4 (b) a person registered under any of the following Acts or 5 under similar legislation of another State-- 6 (i) the Occupational Therapists Registration Act 7 2001; 8 (ii) the Speech Pathologists Registration Act 2001. 9 registered nurse means a person registered under the Health 10 Practitioner Regulation National Law-- 11 (a) to practise in the nursing and midwifery profession as a 12 nurse, other than as a student; and 13 (b) in the registered nurses division of that profession. 14 regulated behaviour control see section 42. 15 restraint see section 45. 16 seclusion see section 46. 17 senior practitioner-- 18 (a) generally, means a person appointed to be a senior 19 practitioner under section 101 or 102; but 20 (b) for chapter 6, see section 43. 21 senior practitioner's authorisation means an authorisation 22 given under section 61(1)(b)(i) or 64(3)(b). 23 special notification client means a forensic disability client 24 for whom the offence leading to the making of the applicable 25 forensic order is an offence against a following provision of 26 the Criminal Code-- 27 section 300 28 section 306 29 section 328A(4), but only if the commission of the 30 offence involved the death of another person 31 Page 195

 


 

Forensic Disability Bill 2011 Schedule 3 section 349 1 section 351. 2 statement of rights see section 29(1). 3 temporary absence approval means an approval given under 4 section 41. 5 transfer order means an order made by the director under 6 section 33, 34 or 142, or by the tribunal or Mental Health 7 Court under the Mental Health Act, for the transfer of a 8 forensic disability client to an authorised mental health 9 service. 10 tribunal means the Mental Health Review Tribunal 11 established under the Mental Health Act. State of Queensland 2011 Page 196

 


[Index] [Search] [Download] [Related Items] [Help]