About the Mental Health Court
The Mental Health Court decides whether a person charged with a serious offence:
- was of unsound mind when they committed the alleged offence
- is fit for trial.
The Mental Health Court is constituted by judges of the Supreme Court of Queensland and is advised by 1 or 2 assisting clinicians.
The Mental Health Court's jurisdiction mainly relates to ‘serious offences’. A serious offence is an indictable offence, other than offences that must be heard by a Magistrate.
Serious offences include serious violent or sexual offences. A serious offence does not include offences such as common assault and most forms of wilful damage.
In some circumstances, other offences can also be referred to the Mental Health Court. For example, if they occurred at the same time as a serious offence.
Read our Mental Health Court fact sheet (PDF 74 kB) for more information. You can also find out more about how the Mental Health Court works on the Queensland Courts website.
Who can refer a matter to the court
A reference to the Mental Health Court can be made if a person has been charged with a serious offence and there is a reasonable belief that the person was of unsound mind at the time of the offence or is unfit for trial.
References can be made by the:
- person alleged to have committed the offence
- person’s lawyer
- Director of Public Prosecutions.
The Chief Psychiatrist may also refer a matter to the court if:
- a psychiatrist report has been prepared in relation to a serious offence
- the Chief Psychiatrist believes there is a compelling reason in the public interest to make the referral, having regard to the content of the report and protection of the community.
Additionally, Magistrates Courts may refer any indictable offence to the court if a Magistrate believes that exceptional circumstances apply and a forensic order or treatment support order may be warranted.
Psychiatrist reports for the court
Psychiatrist reports prepared for persons charged with a serious offence are used to inform decisions about further action in relation to the charge.
These actions include whether a reference should be made to the Mental Health Court to determine matters of unsoundness of mind and fitness for trial.
Learn more about psychiatrist reports and read the Chief Psychiatrist's policy.
What the court decides
The Mental Health Court may decide whether a person:
- was of unsound of mind when the alleged offence occurred
- is unfit for trial and if so whether the unfitness is permanent or temporary.
If the person is alleged to have committed the offence of murder, the Mental Health Court may also decide whether the person was of diminished responsibility at the relevant time.
Orders the court can make
If the Mental Health Court finds a person was of unsound mind or is permanently unfit for trial, the court may make a:
- forensic order
- treatment support order.
The court can also decide not to make any order.
If the court finds a person is temporarily unfit for trial it must make either a forensic order or a treatment support order. The matter must also be referred to the Mental Health Review Tribunal for regular review of the person's fitness for trial.
In making a forensic or treatment support order, the court must consider:
- the person’s treatment needs
- community safety.
The Mental Health Court must also have regard to:
- the relevant circumstances of the person, such as their mental state and family and social supports
- the nature of the relevant offence and the period of time that has passed since the offence
- any victim impact statements.
Order categories
If the Mental Health Court decides to make a forensic order or treatment support order, the court must also decide the category of the order.
There are 2 types of categories:
- inpatient category where the person is admitted to an authorised mental health service (AMHS) to receive treatment and care
- community category where the person will receive treatment and care while living in the community.
If the court decides that the category of the order is inpatient, the court may approve limited community treatment for the patient.
Limited community treatment allows a person to leave an inpatient unit for periods of up to 7 days and supports a gradual return to the community.
Non-revocation periods for forensic orders
If the court makes a forensic order for a serious offence that is a 'prescribed offence', it may also set a non-revocation period on the order of up to 10 years. This means the forensic order cannot be revoked (ended) for the period set by the court.
Examples of prescribed offences are murder, attempted murder, manslaughter, grievous bodily harm, rape and attempted rape.
Order conditions
The court may also impose conditions on an order that it considers appropriate. This can include conditions that the person does not contact a stated person such as a victim of the alleged offence.
Learn more about support for victims under the Mental Health Act 2016.
Appeals against Mental Health Review Tribunal decisions
The Mental Health Court also hears appeals against decisions made by the Mental Health Review Tribunal.
During an appeal, the court rehears the matter and makes reference to the material that was available to the Tribunal and any further evidence permitted by the court.
Decisions that can be appealed include:
- review decisions
- decisions on a treatment application
- decisions to transfer a patient to the forensic disability service
- decisions to allow a patient to move out of Queensland.
Who can appeal against Tribunal decisions depends on the type of appeal.
Generally, appeals can be made by the person subject to the authority or order, or the person who is the subject of the review or application. In particular circumstances, appeals can also be made by:
- the Chief Psychiatrist
- Director of Forensic Disability
- a doctor who made an application
- the Attorney-General.
When deciding an appeal the Mental Health Court may:
- confirm the Tribunal's decision, meaning that the Tribunal's decision remains valid
- set aside the Tribunal's decision
- set aside the Tribunal's decision and send the matter back to the Tribunal to make a decision with directions that the court considers appropriate.
The decision of the Mental Health Court on appeal is final. It can’t be further appealed against, reviewed, quashed or invalidated in any other court.
To appeal a matter at the Mental Health Court, a person must lodge a Notice of Appeal with the Mental Health Court Registry.
Learn more about appealing a Tribunal decision or download the Notice of Appeal form on the Queensland Courts website.
Inquiries into detention
The Mental Health Court has special inquiry and investigation powers under the Mental Health Act 2016 to:
- review the detention of a person in an authorised mental health service or the forensic disability service
- decide whether their detention is lawful.
Learn about applications for reviews into detention and download the form on the Queensland Courts website.
Going to court
The Mental Health Court is located in the Supreme Court, Brisbane.
It is a very formal place and there is an expectation that people will behave in a respectful way and follow the rules and procedures.
Everyone attending a court hearing, including observers or people attending via videolink, must conduct themselves according to the court’s rules.
Read our Tips for attending a hearing fact sheet (PDF 83 kB) to learn more.
Help and support
Contact the Mental Health Act liaison service if you have a question about the Mental Health Act 2016 and the role of the Mental Health Court.