Mental Health Act 2016 (Qld)

What the Act is for

The Act aims to improve the health and wellbeing of people with a mental illness who do not have capacity to consent to be treated, and to divert people from the criminal justice system where they were of unsound mind or are unfit for trial. It must be applied in the way that is least restrictive of a person's rights and liberties and that promotes recovery. Its principles include presuming capacity, taking account of a person's views and preferences, involving family and carers where practicable, and recognising the cultural and communication needs of Aboriginal and Torres Strait Islander people.

A central idea is that an adult with capacity decides about their own treatment. Section 14 says a person has capacity to consent if they understand, in general terms, their illness, the proposed treatment, its benefits, risks and alternatives, and the consequences of not being treated, and can make and communicate a decision. A person can have capacity and still refuse treatment.

The treatment criteria and less restrictive way

Involuntary treatment turns on the treatment criteria in section 12. All three must apply: the person has a mental illness; the person does not have capacity to consent to be treated for it; and, because of the illness, the absence of involuntary treatment is likely to result in imminent serious harm to the person or others, or serious mental or physical deterioration of the person. For the capacity test, only the person's own consent counts.

Even where the criteria apply, section 13 requires decision makers to use a less restrictive way if one exists. In order, the options are consent from a parent for a minor, an advance health directive, a personal guardian, an attorney, or a statutory health attorney. A Chief Psychiatrist policy on the treatment criteria, capacity, less restrictive way and advance health directives is mandatory for authorised mental health services. If a suitable alternative exists, a treatment authority should not be made.

From examination to treatment authority

The process in Chapter 2 starts with an examination by a doctor or authorised mental health practitioner. If the person will not agree, an examination authority issued by the Mental Health Review Tribunal, or an emergency examination authority made under the Public Health Act 2005 by police or ambulance officers, can authorise it. If the examiner believes the treatment criteria may apply and there appears to be no less restrictive way, they can make a recommendation for assessment, which lasts 7 days.

A different authorised doctor then assesses the person and may detain them for up to 24 hours, extendable to 72 hours. The doctor must discuss the assessment with the person. If satisfied the criteria apply and no less restrictive way exists, the doctor may make a treatment authority under section 49. The category must be community unless the person's needs or safety cannot reasonably be met that way.

Rights and safeguards

A treatment authority made by a doctor who is not a psychiatrist must be reviewed by an authorised psychiatrist within 3 days, or 7 days in some rural and remote situations. The Tribunal must be given written notice once a psychiatrist has made or confirmed the authority, and it reviews the authority within 28 days of it being made. The next two reviews are each due 6 months after the one before, and later reviews happen at least every 12 months. People can apply for a review at any time and can be legally represented.

The chief executive of each Hospital and Health Service that runs a public mental health service must appoint independent patient rights advisers, who help patients and their support persons understand and use their rights. A person can appoint nominated support persons, who must be told about key decisions. If a doctor makes a treatment authority despite an advance health directive, section 54 requires the doctor to explain the reasons to the person and record them in the health record.

Recent and pending changes

The consolidated Act most recently changed on 1 July 2024. The Health Legislation Amendment Act 2026 received assent on 3 September 2026, but the part that amends this Act (Part 3) had not been proclaimed to commence as at October 2026. Queensland Health's consultation on the Bill described changes to forensic order reviews, notifications to the Tribunal about changes to orders, information disclosure by the Tribunal and some detention powers. Until commencement, the 1 July 2024 version applies. Always check the version in force on the Queensland legislation website, and the Chief Psychiatrist policies, before relying on a specific provision.

Questions people ask about the Mental Health Act 2016 (Qld)

• Can a person who has capacity be placed on a treatment authority?
• What is the difference between an examination authority and an emergency examination authority?
• How long can someone be detained for an assessment in Queensland?
• Does an advance health directive stop a treatment authority being made?
• When does the Mental Health Review Tribunal review a treatment authority?
• Who can be a nominated support person?