Chief Psychiatrist policy
This page includes information about the following Chief Psychiatrist policy.
| Policy | Psychiatrist reports for persons charged with a serious offence (PDF 1286 kB) |
This policy is mandatory for all authorised mental health services (AMHSs). An authorised doctor, authorised mental health practitioner, AMHS administrator, or other person performing a function or exercising a power under the Mental Health Act 2016 must comply with this policy.
You can also find additional fact sheets, forms, clinical notes and resources that are available for this policy under the relevant subtopics on this page.
Introduction
Psychiatrist reports express an opinion on whether a person charged with a serious offence:
- was of unsound mind when an alleged offence occurred, and
- is unfit for trial.
Psychiatrist reports are used to inform decisions about further action in relation to a charge. This includes decisions by the person or the Chief Psychiatrist about whether a reference should be made to the Mental Health Court.
A charge can be referred to the Mental Health Court if it is believed that the person was of unsound mind at the time of the alleged offence or there is a question about fitness for trial.
Read the Psychiatrist reports fact sheet (PDF 130 kB) or the Psychiatrist reports for persons charged with a serious offence policy to learn more.
When to request a psychiatrist report
Under Chapter 4 of the Mental Health Act 2016, a psychiatrist report can be requested for a person who:
- is charged with a 'serious offence' and
- was on a treatment authority, forensic order or treatment support order at the time of the offence or any later time.
A serious offence is an indictable offence but does not include an indictable offence that must be heard by a Magistrate.
Read the Requesting a psychiatrist report for a serious offence fact sheet (PDF 414 kB) to learn more.
Who can request a psychiatrist report
A psychiatrist report can be requested by:
- the person charged
- the person’s nominated support person if the nominated support person believes the request is in the person’s best interests
- a guardian or attorney who is authorised to make the decision
- a parent of the person if the person is a minor, or
- a lawyer who is acting on the person’s instructions.
The Chief Psychiatrist may also direct a psychiatrist report to be prepared for a person in exceptional circumstances if the Chief Psychiatrist believes it is in the public interest that a report be completed.
This applies whether or not the person is on an order or authority under the Act.
Psychiatrist reports under the Mental Health Act 2016 do not impact on the person's right to seek a psychiatrist report from a private sector psychiatrist.
A private sector psychiatrist report will be at the person's own cost and initiative. Learn more about patient rights.
How to request a psychiatrist report
Use the Request for psychiatrist report form (PDF 578 kB) and send it to the Office of the Chief Psychiatrist by email or post.
| MHA2016@health.qld.gov.au | ||
| Post | Department of Health, PO Box 2369, Fortitude Valley BC Qld 4006 |
On receiving the request, the Chief Psychiatrist must decide within 7 days whether to direct a psychiatrist report to be prepared.
Sometimes further information may be required from the applicant or another person to inform this decision.
If the Chief Psychiatrist does not direct a psychiatrist report, the person who made the request will be advised of the reasons.
Once a direction for a psychiatrist report has been given by the Chief Psychiatrist, proceedings against the person in relation to the serious offence in the criminal courts are suspended.
The suspension ends generally if a reference to the Mental Health Court is not made within 28 days of the report being received or when the Mental Health Court makes a decision on the reference.
Guidelines for preparing reports
The Guidelines for preparing psychiatrist reports (Chapter 4 reports) (PDF 314 kB) guideline provides authorised psychiatrists with information to assist in the preparation of psychiatrist reports.
These guidelines also apply to a direction by the Chief Psychiatrist, under Section 100 of the Mental Health Act 2016, to prepare a second psychiatrist report about the person.
The guideline includes:
- information about the Queensland Criminal Code and Mental Health Act 2016
- requirements for examinations for the purpose of a psychiatrist report and ethical considerations
- what needs to be included in a psychiatrist report including the psychiatrist's opinion on substantial disputes, intoxication (if relevant), unsoundness of mind, diminished responsibility (if relevant), and fitness for trial
- considerations for making recommendations about future management and referrals to Mental Health Court.
Download the Psychiatric reports for people in custody fact sheet (PDF 314 kB).
Flowcharts
The Chief Psychiatrist has developed the following flowcharts to help AMHSs and psychiatrists comply with the policy when preparing psychiatrist reports.
| Flowchart 1 | Overview (PDF 158 kB) | |
| Flowcharts 2a and 2b: | Report on request and direction for report (PDF 222 kB) | |
| Flowchart 3: | Direction for report (Chief Psychiatrist initiative) (PDF 193 kB) | |
| Flowchart 4: | Determining referral to Mental Health Court (PDF 152 kB) |
Forms
The following Chief Psychiatrist forms are used to support the psychiatrist report process.
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