1.1 - Mental Health Act 2000 Information
Mental Health Act 2000(QLD)
The purpose of the Act is to provide for the involuntary assessment, detention and treatment of persons with a mental illness while balancing those person's rights and freedoms with the rights and freedoms of other persons.
Under section 5, the Act purports to achieve this purpose by:e
- Providing for the detention, examination, admission, assessment and treatment of persons having, or believed to have, a mental illness;
- Establishing the Mental Health Review Tribunal to carry out reviews relating to involuntary patients and to hear applications to administer or perform particular treatments;
- Establishing the Mental Health Court to decide (among other things) the state of mind of persons charged with criminal offences.
Click here to view the Mental Health Act 2000
Purpose, Principles and definitions
Chapter 1 of the Mental Health Act 2000 (the Act) sets out the Act's purpose and the principles that guide its application. It also defines key terms used in the Act, including 'mental illness'.
Fact Sheet 1
Chapter 1 of the Mental Health Act 2000 (the Act) sets out the Act's purposes and the principles that guide its application. It also defines key terms used in the Act, including 'mental illness'.
Fact Sheet 2
The Mental Health Act 2000 (the Act) sets out processes for a person to be assessed and authorises the person's detention for assessment. Treatment for mental illness cannot be given unless an involuntary treatment order is made. Information about involuntary treatment is provided in Fact sheet 3.
Fact Sheet 3
The Mental Health Act 2000 (the Act) makes provision for a person to be treated without consent under an involuntary treatment order. The involuntary treatment order must be preceded by involuntary assessment. Information about involuntary assessment is provided in Fact sheet 2.
Fact Sheet 4
The Mental Health Act 2000 (the Act) enables a person's admission to an authorised mental health service from court or custody as a classified patient.
Fact Sheet 5
The Mental Health Act 2000 (the Act) provides processes to ensure matters of criminal responsibility and fitness for trial are examined when an involuntary patient is charged with an offence. The Act also provides processes for decisions to be made about legal proceedings against the person; in particular, whether proceedings are continued or discontinued. These processes are set out in Chapter 7 of the Act.
Fact Sheet 6
The Mental Health Review Tribunal (the Tribunal) provides an important safeguard in protecting the rights of involuntary patients under the Mental Health Act 2000 (the Act).
Chapter 12 of the Act establishes the Tribunal, provides ofr its administration and outlines procedural requirements. The matters reviewed by the Tribunal, including powers on a review, are provided in Chapter 6 of the Act.
Fact Sheet 7
The Mental Health Act 2000 (the Act) contains provisions for patient rights by:
a. providing safeguards for the use of involuntary provisions.
b. involving patients in decisions affecting them.
c. ensuring regular independent reviews of a patient's involuntary treatment.
Fact Sheet 8
The Mental Health Act 2000 (the Act) contains provisions for assisting victims of offences by people who have a mental illness. It also contains provisions which aim to ensure the safety of victims and the community.
Fact Sheet 9
Chapter 7A of the Mental Health Act 2000 establishes processes relating to:
a. Classified patient information orders (CPIO) and
b. Forensic patient information orders (FPIO)
