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 Human rights 2 Comments on Treatment Authorities under the Mental Health Act 2016 (Qld)
A treatment authority is an order made by an authorised doctor for the treatment of a person with a mental illness without that person’s consent. A treatment authority order can authorise the involuntary detention of the person receiving treatment at a mental health facility, or community-based treatment.
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Author adminPosted on Categories Criminal law 1 Comment on Alleged Bourke Street killer to stand trial A jury has decided that accused Bourke Street driver James Gargasoulas should stand trial.
Section 6 of the Crimes (Mental Impairment and Unfitness to Be Tried) Act 1997 (Vic) provides:
When is a person unfit to stand trial?
(1) A person is unfit to stand trial for an offence if, because the person’s mental processes are disordered or impaired, the person is or, at some time during the trial, will be—
(a) unable to understand the nature of the charge; or
(b) unable to enter a plea to the charge and to exercise the right to challenge jurors or the jury; or
(c) unable to understand the nature of the trial (namely that it is an inquiry as to whether the person committed the offence); or
(d) unable to follow the course of the trial; or
(e) unable to understand the substantial effect of any evidence that may be given in support of the prosecution; or
(f) unable to give instructions to his or her legal practitioner.
(2) A person is not unfit to stand trial only because he or she is suffering from memory loss.
Two psychiatrists and a psychologist gave evidence at a Victorian Supreme Court hearing to determine Gargasoulas’ current mental state and his fitness to stand trial.
All three experts agreed that Gargasoulas was suffering from paranoid schizophrenia and delusions. Forensic psychiatrists Andrew Carroll and Lester Walton opined that Gargasoulas could not enter a plea, give instructions to his lawyers or understand the substantial effect of the evidence. However, Michael Daffern, a psychologist was of the view that Gargasoulas was fit.
The jury determined that Gargasoulas was fit for trial and should face six counts of murder and 28 counts of attempted murder.
