Applications to transfer particular persons into and out of Qld

A person who is subject to an interstate forensic order, or an interested person for that person, may apply to the Tribunal for approval to transfer the person from an interstate mental health service to an authorised mental health service in Queensland or the Forensic Disability Service. The application form can be found at Forms. Please note that the application must include a statement from the Chief Psychiatrist or the Director of Forensic Disability (as relevant) outlining that appropriate treatment and/or care is available at either the authorised mental health service or the Forensic Disability Service and that the arrangements for transfer are adequate to protect the safety of the community. It is the responsibility of the applicant, not the Tribunal, to obtain this statement/information

When will the Tribunal hearing occur?

Once the Tribunal has received a complete application, a hearing will be organised within 28 days.

The Tribunal will provide a written notice of hearing which will outline when and where the hearing will take place. This notice must be given at least 14 days before the hearing and provided to the patient, the applicant, the Administrator of the authorised mental health service and the Chief Psychiatrist or the Administrator of the Forensic Disability Service and the Director of Forensic Disability. The Attorney-General must also be notified of the hearing.

What decisions can the Tribunal make?

The Tribunal must decide whether to:

• Approve the transfer. This approval may be subject to conditions the Tribunal considers appropriate.
• Refuse to approve the transfer

If the Tribunal approves the transfer, they must also make a forensic order (mental health) or forensic order (disability) as appropriate.

When does the transfer take effect?

If the Tribunal has placed conditions on their approval, then once all those conditions are satisfied, the transfer takes effect. If there are no conditions, then the transfer takes effect upon the granting of the approval.

When does the Qld forensic order take effect?

If the Tribunal has approved the transfer and made a forensic order, then it will take effect once the person arrives in Queensland.

A person subject to a forensic order or a treatment support order, or an interested person for that person may apply to the Tribunal for approval to be transferred to an interstate mental health service or a stated country. Please note that if the person is a classified patient or a subject to a forensic order on the basis of temporary unfitness for trial (where proceedings have not been discontinued), they cannot make such an application. The relevant application form can be found at Forms and must include a statement from the Chief Psychiatrist or the Director of Forensic Disability (as relevant) outlining that appropriate treatment and/or care is available at the interstate mental health service or the relevant country and that the arrangements for transfer are adequate to protect the safety of the community.

For interstate transfers, the statement must also include whether the transfer is, or may be, permitted under a law of the State in which the interstate mental health service is located. It is the responsibility of the applicant, not the Tribunal, to obtain this statement/information.

Once the Tribunal has received a complete application, a hearing will be organised within 28 days.

The Tribunal will provide a written notice of hearing which will outline when and where the hearing will take place. This notice must be given at least 14 days before the hearing and provided to the patient, the applicant, the Administrator of the authorised mental health service and the Chief Psychiatrist or the Administrator of the Forensic Disability Service and the Director of Forensic Disability. The Attorney-General must also be notified of the hearing.

When will the Tribunal hearing occur?

Once the Tribunal has received a complete application, a hearing will be organised within 28 days.

The Tribunal will provide a written notice of hearing which will outline when and where the hearing will take place. This notice must be given at least 14 days before the hearing and provided to the patient, the applicant, the Administrator of the authorised mental health service and the Chief Psychiatrist or the Administrator of the Forensic Disability Service and the Director of Forensic Disability. The Attorney-General must also be notified of the hearing.

What decisions can the Tribunal make?

The Tribunal must decide whether to:

• Approve the transfer. This approval may be subject to conditions the Tribunal considers appropriate.
• Refuse to approve the transfer

When does the transfer take effect?

If the Tribunal has placed conditions on their approval, then once all those conditions are satisfied, the transfer takes effect. If there are no conditions, then the transfer takes effect upon the granting of the approval.

What happens to the forensic order or treatment support order once the person has transferred out of Queensland?

If the Tribunal has approved the transfer out of Queensland, the forensic order or treatment support order remains in place. However, they only have effect if the person returns to Queensland.

However, the order will automatically end:

• On the last day of any non-revocation period if the person has remained out of Queensland for a continuous period of at least three years; or
• when the person has remained out of Queensland for a continuous period of at least three years