The Mental Health Act 2016 sets out treatment and care pathways for people who have a mental illness or intellectual disability. This includes people who are either:
- charged with an offence or
- in prison, youth detention or a watch house.
Queensland Health's work supports these pathways and the objects of the Mental Health Act 2016 to:
- provide treatment and care to people with a mental illness
- protect the community if a person may be at risk of harming others
- divert a person from the criminal justice system if a person is found to be of unsound mind or unfit for trial.
The Chief Psychiatrist has developed the following information and policies. These help authorised mental health services comply with the Mental Health Act 2016 when providing treatment and care to patients who interact with the criminal justice system.
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Psychiatrist reports for persons charged with offences
Psychiatrist reports help the Mental Health Court decide if a person is of unsound mind or unfit for trial. Read the policy and learn when and how to request a report.
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Classified patients and persons transferred from custody
Learn how people transferred from prison, youth detention centres or watch houses to authorised mental health services get treatment and care under the Mental Health Act 2016.
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Treatment support orders and forensic orders
Forensic orders and treatment support orders may be made for people diverted from the criminal justice system. Learn more and read our treatment and care guidelines.
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Complex Care Panel
The Complex Care Panel supports coordinated government responses to people who are referred to, or are likely to be referred to, the Mental Health Court.
Queensland Health Court Liaison Service
The work of the Queensland Health Court Liaison Service assists the Magistrates Courts to make decisions about people charged with an offence. The service provides advice to the courts so they can decide if a person was of unsound mind at the time of an offence or if they're unfit for trial.
The Court Liaison Service also:
- helps with identifying people in the criminal justice system that have mental health treatment needs
- refers people to authorised mental health services
- conducts mental health assessments.
Queensland's mental health laws and courts
Queensland Health and the Office of the Chief Psychiatrist is responsible for administering Queensland's mental health laws.
We also support judicial bodies, including the Magistrates Courts, Mental Health Court and Mental Health Review Tribunal, in relation to their functions under the Mental Health Act 2016.