1. All the below treatment criteria apply to the person

• The person has a mental illness; AND
• The person does not have capacity to consent to be treated for
the illness (capacity must be stable. S 421(2)) AND
• 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

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

There is a less restrictive way 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

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