Treatment and care for patients at authorised mental health services
The Mental Health Act 2016 sets out the legal framework for the involuntary treatment and care of people with mental illness in Queensland. It applies to involuntary patients as well as voluntary patients who are admitted to authorised mental health services.
Anyone using a power or function under the Act for a person must promote the person’s safety and welfare, and the safety of others.
The Chief Psychiatrist has developed a range of policies and resources to support authorised mental health services compliance with the Act. The policies also promote recovery-based treatment and care for patients.
Authorised mental health services must comply with the Mental Health Act 2016 and the Chief Psychiatrist's policies.
Patient treatment and care
Treatment and care of people under the Mental Health Act 2016 must be achieved in a way which:
- safeguards a person’s rights
- is least restrictive of the person’s rights and liberties
- promotes the recovery of the person.
The following policies and topics set out how treatment and care should be delivered and outlines patient rights under the Act.
Involuntary assessment and treatment
The Mental Health Act 2016 promotes voluntary treatment wherever possible. For patients who don't have capacity to consent, the Act allows involuntary treatment to be authorised if strict criteria are met.
The following policies and topics set out the criteria and processes to start an examination. The policies also outline how authorised doctors can decide if involuntary treatment is needed.
Mental conditions and the criminal justice system
The Mental Health Act 2016 sets out pathways for diversion and treatment and care of persons who:
- have a mental illness or intellectual disability, and
- have been charged with an offence.
The Act protects both patient rights and the safety of the broader community. The Act is also designed to divert people with a mental illness from the criminal justice system where they require treatment and care.
The following policies and topics set out how to provide treatment and care for people who interact with the criminal justice system.
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Regulated treatments
The Act regulates the use of electroconvulsive therapy (ECT) and non-ablative neurosurgical procedures, such as deep brain stimulation.
Transfers, transport and security
The following Chief Psychiatrist topics and policies set out how authorised mental health services:
- coordinate patient transport and transfers
- respond to absences by involuntary patients
- conduct and authorise searches of patients, property or visitors at an authorised mental health service.
Administration and compliance with the Mental Health Act 2016
The Mental Health Act 2016 sets out the reporting and administration requirements for authorised mental health services. It also sets out how health practitioners and doctors can be appointed to use functions or powers of the Act.
The following policies and topics set out how the Act is administered in Queensland.
Contact us for support
Authorised mental health services can contact the Mental Health Act 2016 liaison service for advice and guidance on the: