RESOURCES

When will a treatment authority be revoked (stopped)?

Treatment Authorities (TA) authorise involuntary
treatment and care of a person for mental illness in
a mental health facility (inpatient category) or in the
community (community category).

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

  1. All the 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 AND

  1. 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 

Authorised Doctor 

An authorised doctor is a doctor appointed by a public mental health service to carry out certain responsibilities under the Mental Health Act 2016 (Qld). S 338 

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

 

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