The provision of involuntary treatment to patients for mental illness is regulated by the
Mental Health Act 2016 (Act) and it is important for doctors to be aware of their obligations under the Act. Information about the Act, including the Chief Psychiatrist's policies and guidelines and links to the education and training available for clinicians can be found
here at the Queensland Health website.
Clinicians play an important role in Mental Health Review Tribunal (Tribunal) hearings. While members of a person's treating team are not parties to the proceeding, they act as a witness before the Tribunal to provide the Tribunal with information about the person, their treatment and care, their mental state, risk factors and other clinical matters. The information provided by treating teams assists the Tribunal to reach a conclusion about the criteria set out in the Act for each decision.
Resources
The Tribunal recognises the important role of the person's treating team in conducting hearings and so is keen to assist in preparing clinicians for attendance before the Tribunal. Below are resources that the Tribunal has prepared specifically for Authorised Mental Health Services (AMHS)
In addition to these resources, the Tribunal is happy to arrange education sessions with AMHSs for relevant staff on a range of topics. If AMHS staff are interested in hearing from the Tribunal, please speak with your Administrator Delegate, or alternatively contact the Tribunal here.
Examination Authorities
Parts A and B of the Application for an Examination Authority form can be located here.
Confidentiality Orders
Further information regarding Confidentiality Orders can be found here. The Request for Confidentiality Order form can be found here.
Clinical Reports
The Act requires that at least 7 days before a hearing, the treating practitioner must give a copy of a clinical report (in the approved form) to the Tribunal and the person the subject of the hearing. The Tribunal has issued a Practice Direction to assist in calculating the required "at least 7 days" time frame. A copy of Practice Direction No.1 can be found
here.