Mental Health Amendment Bill 1997 (Qld)

Queensland

MENTAL HEALTH AMENDMENT BILL 1997

MENTAL HEALTH AMENDMENT BILL TABLE OF PROVISIONS

Section Page

1 Short title 2.2... eee eee

2 Act amended .......... 0... eee eee

3 Amendment of s 5 (Interpretation) ................0...00 0000002000.

4 Insertion of news 33A.. 22... eee eee 33A Procedure on finding of unsoundness of mind..................

5 Insertion of news 34A . 22... ee eee 34A Leave of absence. .... 2.2... eee

6 Replacement of pt 8 heading (Transitional provisions)................

PART 8—TRANSITIONAL AND VALIDATION PROVISIONS 7 Insertion of new s 80 1.2... eect ene e eens

80 Validation of certain orders... 1.2.0... 0. ce eee eee eee

A BILL FOR

An act to amend the Mental Health Act 1974

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sl 4 s4 Mental Health Amendment

The Parliament of Queensland enacts—

Short title 1. This Act may be cited as the Mental Health Amendment Act 1997.

Act amended 2. This Act amends the Mental Health Act 1974.

Amendment of s 5 (Interpretation) 3. Section 5(1)— insert—

' "health service employee" see Health Services Act 1991, section 2.1'.

Insertion of new s 33A 4. After section 33— insert— 'Procedure on finding of unsoundness of mind

*33A.(1) If, under section 33, the Mental Health Tribunal finds that a person charged with an offence was, at the time the alleged offence was committed, suffering from unsoundness of mind, the tribunal must order the person be detained as a restricted patient under this part in a security patients' hospital or in another hospital.

"(2) The order is lawful authority to all police officers, employees of the hospital and health service employees, using reasonable force—

1 Under the Health Services Act 1991, section 5, the chief executive may appoint persons in the department as health service employees for the delivery of public sector health services.