Author adminPosted on Categories Human rights, Liberty Leave a comment on Understanding Treatment Authorities under the Mental Health Act 2016 (Qld)
When a loved one is struggling with severe mental illness, navigating the legal and medical systems can feel completely overwhelming. If you or someone you care about is facing a Treatment Authority in Queensland, you probably have a lot of questions.
A Treatment Authority is a powerful legal mechanism, but it is also highly regulated to ensure patients’ rights are protected. Here is a clear, human-centred guide to what a Treatment Authority means and how the law safeguards those under it.
A Treatment Authority is an order made by an authorised doctor that allows a person with a mental illness to receive treatment without their consent.
Depending on the circumstances, this treatment can happen in two ways:
Inpatient category: The person receives involuntary care while detained at an authorised mental health facility.
Community category: The person lives at home but must comply with a treatment plan in the community.
The strict rule under the Mental Health Act 2016 (Qld) is that a doctor must opt for the community category unless they believe the person’s needs or safety (or the safety of others) cannot be reasonably met outside a hospital.
An authorised doctor cannot simply impose a Treatment Authority. They must be strictly satisfied that all of the following “treatment criteria” apply:
Mental Illness & Lack of Capacity: The person has a mental illness and currently lacks the capacity to consent to treatment. (Note: Having “capacity” means understanding the nature, benefits, and risks of the treatment, and being able to communicate a choice).
Risk of Serious Harm or Deterioration: Without involuntary treatment, the person is likely to experience imminent serious harm (or cause it to others) or suffer serious physical or mental deterioration.
No Less Restrictive Way: There is absolutely no other, less restrictive way for them to safely receive care.
What counts as a “less restrictive way”?If treatment can be safely managed via an Advance Health Directive, an appointed personal guardian, or a statutory health attorney, a Treatment Authority cannot legally be made.
A Treatment Authority is never meant to be permanent. The system is designed to regularly review the order to ensure it is revoked the moment a patient regains capacity or can be treated more leniently.
Orders are reviewed and can be revoked through several channels:
Doctor Reviews: If the order was made by a general doctor, an authorised psychiatrist must review and confirm or revoke it (usually within 3 days). Regular reassessments must occur at least every 3 months.
The Mental Health Review Tribunal (MHRT): The MHRT is an independent body that automatically reviews the authority within the first 28 days, again at 6 months, 12 months, and then annually. You, a loved one, or an “interested person” can also apply for a review at any time.
Appeals: If you disagree with an MHRT decision, an appeal can be lodged with the Mental Health Court.
The Mental Health Act 2016 emphasizes that involuntary treatment should always be a last resort, aiming to safeguard rights and promote recovery. However, ensuring that a patient’s views, wishes, and legal rights are actually being heard can be incredibly stressful when you are in the thick of a medical crisis.
If you or a family member are dealing with a Treatment Authority or an upcoming Mental Health Review Tribunal hearing, having an experienced, compassionate legal ally can make all the difference. We understand how sensitive these situations are, and we are here to help you advocate for the dignity and rights your loved one deserves.
Contact our friendly, experienced team today to discuss how we can support you through this process.
Author adminPosted on Categories Democracy, Liberty, Terrorism Leave a comment on Combatting Antisemitism, Hate and Extremism Bill 2026
In January 2026, the Australian political landscape shifted significantly as the Labor government passed the Combatting Antisemitism, Hate and Extremism Bill 2026. This legislation, moved with striking speed following a tragic attack in Bondi in late 2025, represents the most substantial expansion of federal hate speech laws in decades.
While the government argues these changes are essential for “social cohesion” and the safety of vulnerable communities, civil libertarians and free speech advocates are sounding the alarm. The bill doesn’t just tweak existing laws; it fundamentally recalibrates the balance between the right to speak and the right to be protected from harm.
Continue reading “Combatting Antisemitism, Hate and Extremism Bill 2026”
Author adminPosted on Categories Democracy, Liberty Leave a comment on Labor drops Orwellian ‘misinformation bill’
In 2013, Labor tried to regulate the media in order to stop News Corp journalists fiercely criticising its poor performance.
Years later, the newly elected Albanese Government plainly considered this to be unfinished business. So in their first term it also tried to pass a ‘misinformation bill‘ which would have allowed it to exert control over online social media platforms and websites which aggregate content from publishing or permitting content that the government considers to be misleading and harmful.
Continue reading “Labor drops Orwellian ‘misinformation bill’”
Author adminPosted on Categories Judiciary, Liberty 2 Comments on Judge Vasta successfully sued for false imprisonment
“Can I sue the judge?” is the question some lawyers might be asked by a fuming client, and which can be categorised as legal locker room talk. Such an idea is almost always keenly hosed down by the lawyer in response, as the client’s only recourse is to appeal, no matter how wrong the judge is or might have been.
Continue reading “Judge Vasta successfully sued for false imprisonment”
Author adminPosted on Categories Criminal law, Legal profession, Liberty 4 Comments on Calls for more inquiries into prosecutorial conduct as Drumgold resigns
The resignation of Shane Drumgold SC as ACT Director of Prosecutions is to be welcomed. As ACT Attorney-General Shane Rattenbury noted while accepting Shane Drumgold’s resignation, Drumgold’s role as director of public prosecutions had become “no longer tenable”.
Drumgold will now likely be fighting to save his legal career. There’s also the possibility of criminal charges.
Continue reading “Calls for more inquiries into prosecutorial conduct as Drumgold resigns”
Author adminPosted on Categories Human rights, Liberty 4 Comments on The federal government’s social media big brother bill
“It is not difficult to deprive the great majority of independent thought. But the minority who will retain an inclination to criticize must also be silenced….Public criticism or even expressions of doubt must be suppressed because they tend to weaken pubic support….When the doubt or fear expressed concerns not the success of a particular enterprise but of the whole social plan, it must be treated even more as sabotage.”
― Friedrich August von Hayek, The Road to Serfdom
“The principle that the end justifies the means is in individualist ethics regarded as the denial of all morals. In collectivist ethics it becomes necessarily the supreme rule.”
― Friedrich Hayek
“It is one of the saddest spectacles of our time to see a great democratic movement support a policy which must lead to the destruction of democracy and which meanwhile can benefit only a minority of the masses who support it. Yet it is this support from the Left of the tendencies toward monopoly which make them so irresistible and the prospects of the future so dark.”
― Friedrich August von Hayek, The Road to Serfdom
“Our faith in freedom does not rest on the foreseeable results in particular circumstances but on the belief that it will, on balance, release more forces for the good than for the bad.”
― Friedrich A. Hayek
The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (“The Bill“) if passed will allow the government to monitor social media content it disapproves of and to conscript social media companies to do their dirty work of curtailing such content through the Australian Communications and Media Authority (“ACMA”).
As such, the Bill represents a dangerous threat to freedom of online discourse.
Continue reading “The federal government’s social media big brother bill”
Author adminPosted on Categories Liberty 2 Comments on Public Trustee of Queensland investigated for high fees and financial mismanagement
“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.”
The Public Trustee of Queensland is a public body charged with managing the finances of some of the most vulnerable members of the community, including those lacking capacity and prisoners.
Continue reading “Public Trustee of Queensland investigated for high fees and financial mismanagement”
Author adminPosted on Categories Criminal law, Liberty 4 Comments on Appeal bail refused for Kleenmaid director despite Covid-19 risks
Former Kleenmaid director Andrew Eric Young was convicted after a trial of two counts of fraud with circumstances of aggravation and 17 counts of insolvent trading. Prior to trial the Mental Health Court held he was fit for trial and the proceedings should continue according to law, and the trial judge refused to put that issue to the jury.
Continue reading “Appeal bail refused for Kleenmaid director despite Covid-19 risks”
Author adminPosted on Categories civil litigation, Industrial relations, Liberty, litigation, Unfair dismissal Leave a comment on Israel Folau settles claim with Rugby Australia
Following a marathon mediation, former Wallabies star Israel Folau and Rugby Australia have settled their dispute over the termination of Folau’s employment with Rugby Australia after he made controversial comments on Twitter about homosexuality.
The case was notable and of political significance because it highlighted the tensions between the rights of employers to dismiss workers to preserve their own reputational interests, freedom of religion, and employees being able to publicly express their own opinions outside of work. Continue reading “Israel Folau settles claim with Rugby Australia”
Author adminPosted on Categories Human rights, Liberty Leave a comment on The Australian Federal Police’s raids on press freedom
On 4 June 2019, the Australian Federal Police raided the home of News Corp Australia journalist Annika Smethurst after she revealed in April last year that the Defence and Home Affairs departments had been discussing monitoring Australian citizens for the first time.
The following day, the Australian Federal Police raided the Australian Broadcasting Corporation’s Sydney offices as well after a number of stories known as the Afghan Files revealed allegations of unlawful killings and misconduct by Australian special forces in Afghanistan and were based on hundreds of pages of secret Defence documents leaked to the ABC. Continue reading “The Australian Federal Police’s raids on press freedom”
