Mental Health Act 2016 (Qld)

Mental Health Act 2016

An Act to provide for the treatment and care of people who have mental illnesses and for other purposes

Chapter 1 Preliminary

Part 1 Introduction

1 Short title This Act may be cited as the Mental Health Act 2016.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Main objects of Act (1) The main objects of this Act are— (a) to improve and maintain the health and wellbeing of persons who have a mental illness who do not have the capacity to consent to be treated; and (b) to enable persons to be diverted from the criminal justice system if found to have been of unsound mind at the time of committing an unlawful act or to be unfit for trial; and (c) to protect the community if persons diverted from the criminal justice system may be at risk of harming others. (2) The main objects are to be achieved in a way that— (a) safeguards the rights of persons; and (b) is the least restrictive of the rights and liberties of a person who has a mental illness; and (c) promotes the recovery of a person who has a mental illness, and the person's ability to live in the community, without the need for involuntary treatment and care. (3) For subsection (2)(b), a way is the least restrictive of the rights and liberties of a person who has a mental illness if the way adversely affects the person's rights and liberties only to the extent required to protect the person's safety and welfare or the safety of others.

4 Act binds all persons (1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State liable to be prosecuted for an offence.