*Treatment Criteria for a Treatment Authority (both parts must be satisfied): 

1. All the below treatment criteria apply to the person 

• The person has a mental illness;
• The person does not have capacity to consent to be treated for the illness (capacity must be stable, S 421(2))
• Because of the illness, absence of involuntary treatment is likely to result in:
• Imminent serious harm to the person or others; or
• The person suffering serious mental or physical deterioration.

S 12 AND

2. There is no less restrictive way for a person to receive treatment and care for mental illness. 

There is a less restrictive way for a person to receive treatment and care if consent for treatment can be given by:

• a child’s guardian
• Under an Advance Health Directive
• A personal guardian
• An Enduring Power of Attorney
• Statutory health attorney

S 13 

Matters the MHRT must have regard to: 

• mental state and pyschiatric history;
• any intellectual disability of the person;
• social circumstances, including, family and social support;
• response to treatment and care and the person’s willingness to receive appropriate treatment and care;
• if relevant, response to previous treatment in the community.

S 412 Sch 3 (“relevant circumstances”)

Attendance at Hearing 

• The patient is encouraged to, but does not have to attend the hearing.
• If 17 years old or under, the patient will be appointed a free legal representative, unless already represented or patient waives right to representation, S 740
• Patient can bring a support person, S 739
• One or more members of the patient’s treating team must attend the hearing.
• Hearings can be attended in person, by phone or, if available, by videoconferencing.

Evidence Considered by MHRT 

• Documents
• Clinical report
• Treatment Authority
• Hearing notice
• If third periodic review (at 12 months) – if the patient does not have a personal guardian, a report from mental health service about whether a personal guardian should be appointed, S 420 
• If applicant review— application form
• Any other documents submitted by doctor applicant or patient (including patient self-report)
• Oral information given by people attending the hearing.

Parties to Review 

• The patient
• The person who applied for the review (if there is one)
• The administrator of the authorised mental health service
• and for classified patients, the Chief Psychiatrist.

S 736, 418.

Appeals 

A review will not occur if there is an appeal to the Mental Health Court pending and the MHRT’s decision has been stayed. S 415

Unless otherwise specified, numbered references to sections (S) are from the Mental Health Act 2016 (Qld)