Overview of the Act

The Mental Health Act 2016 (the Act) has 3 main purposes. These are called the objects of the Act.

  • Improve and maintain the health and wellbeing of people who have a mental illness who can't consent to treatment.
  • Divert people from the criminal justice system if a court finds them unfit for trial or of unsound mind.
  • Protect the community if a person who has been diverted from the criminal justice system is at risk of harming others.

The Act also supports victims of unlawful acts where the person charged with an offence has a mental illness or intellectual disability.

The Act governs authorised mental health services (AMHSs) and the:

The Chief Psychiatrist is responsible for administering the Act.  Learn more about what the Chief Psychiatrist does.

Guides about the Mental Health Act 2016

Videos about the Mental Health Act 2016

The Chief Psychiatrist has developed a range of videos that explain the Mental Health Act 2016 including the following.

Caring for a person under the Act

The Act promotes voluntary treatment wherever possible.

Treatment and care should also be provided to a person in the community wherever possible, preferably at home.

When the Act is used, treatment must be provided in a way that:

  • safeguards a person’s rights
  • is least restrictive of a person's rights and liberties
  • promotes the person’s recovery and ability to live in the community.

The 'less restrictive way' is about providing treatment and care in a way that is least restrictive of a person's rights and liberties.

Clinicians must consider alternatives to involuntary treatment such as providing treatment with the consent of a parent or appointed guardian, or under an advance health directive.

Scope of the Act

The Act outlines specific responsibilities for providing treatment and care to ‘patients.’ The meaning of patient includes:

  • involuntary patients, and
  • voluntary patients receiving treatment and care for a mental illness in an authorised mental health service (AMHS).

People under 18 can be assessed and provided treatment under the Act.

Learn more about treatment and care under the Act

Principles

Anyone using a power or function of the Act must apply the following principles.

Human rights

The Act recognises a person with a mental illness has the same human rights as people who do not have a mental illness.  The Act is compatible with the Human Rights Act 2019 (Qld).

Find out more about patient rights

Decision making

The Act presumes that everyone can make decisions about their treatment. This is called having capacity to make decisions.

If a person is able to make decisions with the assistance of someone else, they are taken to have capacity to make these decisions. This is called supported decision making.

The Act also supports people to take part in decisions about their treatment and care and requires that a person's views, wishes and preferences are taken into account as much as possible.  

Support persons

Support persons have an important role in helping people with a mental illness recover. This includes carers and family members.

Support persons should be involved in a person's decisions about their treatment and care as much as possible.

Find out more about support persons and nominated support persons

Providing information and support

Under the Act, people should be supported to use and understand their rights including to:

  • express their views, wishes and preferences
  • access information about their treatment
  • access legal advice
  • organise an independent second opinion.

Find out more about patient rights

Promoting maximum potential and independence

People should be supported to reach their best physical, social, psychological and emotional potential, quality of life and independence.

Learn more about treatment and care

Acknowledgement of needs

The Act recognises that people have unique needs which must be taken into account, including:

  • age, such as older persons or people under 18
  • religious and cultural beliefs and practices
  • hearing, visual or speaking impairments
  • sex, gender, and gender identity.

Culturally and linguistically diverse people

The Act promotes and recognises the needs of culturally diverse people. Treatment and care must be culturally appropriate and respectful including:

  • recognising community traditions and customs
  • respecting a person’s cultural, religious and spiritual beliefs
  • using translators or interpreters if needed.

Aboriginal and Torres Strait Islander peoples

Under the Act, the unique cultural, communication and other needs of Aboriginal and Torres Strait Islander peoples must be recognised and taken into account.

Aboriginal and Torres Strait Islander peoples should be provided with treatment, care and support in a way that recognises and is consistent with Aboriginal tradition or Island custom, mental health and social and emotional wellbeing, and is culturally appropriate and respectful.

Learn more about Queensland Health's Aboriginal and Torres Strait Islander cultural capability

People under 18

The Act protects the wellbeing and best interests of children and minors. Their specific needs and safety must be promoted and considered during treatment, including providing treatment that’s separate from adults where practicable.

Find out more about treating children and minors

Promoting recovery, community and relationships and reducing stigma

The Act promotes recovery-oriented care that:

  • supports participation in community life
  • maintains supportive relationships
  • treats people with respect and helps them meet their mental health goals
  • reduces negative beliefs and stigma around mental illness.

Treatment and care

Treatment and care can only be provided under the Act if it's clinically needed.

Learn more about treatment and care

Privacy

A person's right to privacy must be recognised as much as possible.

Learn more about patient rights and read our guide to patient rights

Victims of crime or unlawful acts

The Act supports victims of crime or unlawful acts when a person charged with an offence has been assessed as having a mental illness or intellectual disability.

The Act also includes principles for victims of unlawful acts and promotes:

  • compassion for victims harmed by unlawful acts
  • counselling and support to help victims understand the Act and processes
  • resolving legal processes as quickly as possible.

Under the Act, victims have entitlements including:

  • receiving information about a person charged with an offence
  • giving a victim impact statement to courts and tribunals.

Find out more about support for victims and victim impact statements.  The Queensland Health Victim Support Service also provides support and information to victims.

Policies and guidelines

The Chief Psychiatrist must make policies and guidelines on how to use the Act.

Authorised mental health services (AMHS), authorised doctors, authorised mental health practitioners or any other person must comply with the Act and its policies when performing a function or exercising a power under the Act.

View all Chief Psychiatrist policies, forms, flowcharts and resources

Last updated: 5 September 2024