6.0 - Mental Health Act Interventions
It is essential that disability advocates understand the significance of whether or not a defendant is already the subject of an Involuntary Treatment Order or Forensic Order at the time of taking instructions from a client. For example, if a defendant is subject to the former order, Chapter 7 Part 2 of the Mental Health Act applies.
In framing an advocacy response, advice should be sought from the Department of Health's Court Liaison Service. A Court Liaison Officer can advise as to whether the defendant is currently on an Involuntary Treatment Order (ITO) or Forensic Order (FO) under the Act and can seek further information relating to the treatment regime that is in place. The Court Liaison Office is located at the following Courts:
- Brisbane;
- Ipswich;
- Toowoomba;
- Southport;
- Maroochydore;
- Beenleigh; and
- Caboolture
Advocacy Considerations
As the primary concern of the Court and law enforcers is to protect the individual and the community, the Court at times is left with no alternative but to refuse bail and remand the defendant in custody. In supporting the lawyer, the role of the Advocate involves packaging a framework of support, safe accommodation, medical interventions and professional assistanceand ongoing monitoring by relevant agencies and/or community organisations.
