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