5.0 - Is the Client on an Involuntary Treatment Order or Forensic Order?
It is essential that practitioners understand the significance of whether or not a defendant is already the subject of an Involuntary Treatment Order or a Forensic Order under the Mental Health Act 2000 (Qld) at the time of taking instructions from the client. If the client is the subject of either of those orders, Chapter 7 Part 2 of the Act applies.
Where a practitioner is put on notice that a client's mental condition should be investigated, and the practitioner has been unable to ascertain that the person is subject to an ITO or FO, advice should be sought from the Department of Health's ‘Court Liaison Service'.
These services are available at the following Courts:
- Brisbane;
- Ipswich;
- Toowoomba;
- Southport;
- Maroochydore;
- Beenleigh; and
- Caboolture
A Court Liaison Officer can advise as to whether the defendant is currently on an Involuntary Treatment Order or a Forensic Order under the Act. If you cannot ascertain from the client or the ‘Court Liaison Officer' that an Involuntary Treatment Order or Forensic Order is in place for the client, you can only proceed on the basis that the client is not the subject of such an order.
