Communiques and Q&As

The MHRT issues regular communications, known as communiques, which provide Members with up to date information about MHRT’s jurisdiction, tribunal decision-making and office operations. The communiques also include a Q&A section which addresses questions raised by Members.

Communiques and Q&As contain information on a wide variety of topics. To assist Members in finding the information they are looking for we have prepared a register which identifies key topics and lists the relevant communiques and/or Q&As which contain information on that topic. We have also listed keywords for each communique and Q&A which Members can search using Ctrl F.

04/2025
Communique:

Changes to Wide Bay Authorised Mental Health Service (AMHS); Statement of reasons (SOR) – preparation by non-presiding members; Statement of reasons (SOR) – human rights considerations; Leave arrangements; Recording patients’ preferred names, pronouns and pronunciation; New email signature templates; Monthly Stats – March 2025; Website changes; Generic email addresses; Windows 11 update; Notices of absence and return (absent without approval AWA and written notice of relevant person’s absence WNORPA) – signature and when it is “given” to the Tribunal.

Click here to view the PDF
Q&A:

Appeal to MHC 066 – Appeal dismissed, forensic order (disability (FO(D)) revoked – FO(D) operated as intended to provide appropriate care and developed understanding regarding offending for community protection, Attorney-General (AG) appeal reasons did not provide contrary evidence; Appeal to MHC 067 – Appeal upheld, forensic order (FO) reinstated – Revocation not supported by treating team or Assessment and Risk Management Committee (ARMC), Mental Health Court (MHC) commentary regarding Tribunal reasoning, escalation of risk post revocation regarding drug use; Condition – person must attend Tribunal hearings; Decision conditions – additional examples in Table of Examples document.

Click here to view the Q&A PDF
03/2025
Communique:

Having regard to victim impact statements (VIS) and preparing statements of reasons (SOR); Appeal to MHC045 – Court found there was insufficient evidence to be satisfied of the treatment criteria and revoked the treatment authority (TA); Information about the National Disability Insurance Scheme (NDIS) – updates regarding funding plans and budgets; Training opportunity – children and young people; Reconciliation Working Group (RWG) update; Monthly Stats – February 2025; Windows 11 sound problems; Office of the Public Guardian (OPG) attendance at hearings; Sitting day attendance changes; Emails advising members of new material on the portal survey; Date hearing notices are issued; Traditional Custodians/Owners on hearings lists.

Click here to view the PDF
Q&A:

New MHC Appeal – Appeal to MHC063 – Appeal dismissed, forensic order (FO) confirmed – Attorney-General argued limited community treatment (LCT) was being increased too quickly; MHC positive view of treating team’s management; Consideration of unacceptable risk; Tribunal decision when stay application pending; New MHC appeal – Appeal to MHC064 – Appeal upheld – forensic order (FO) confirmed, limited community treatment (LCT) changed – Consideration of compatibility of Mental Health Act 2016 and Human Rights Act 2019, balancing human rights and risk to community, MHC not forum for human rights complaints, conditions restricting mobile phone and contact with named person; New MHC Appeal – Appeal to MHC065 – Appeal dismissed – Decision to revoke forensic order (FO) and make treatment support order (TSO) confirmed – Treatment under TSO was sufficient to protect community from risk, patient on order was living interstate and being treated by interstate team.

Click here to view the Q&A PDF
02/2025
Communique:

Contacting Tribunal staff outside of business hours; Hearing locations – where you attend the hearing from; Audio recording – what forms the record of proceedings and what can be removed; Authorised Mental Health Services (AMHS) – Gazette changes; Two member panels; Monthly Stats – January 2025; Staff – changes in Corporate Services; Consumer Engagement – working with colleagues who have a lived/living experience of mental health challenges; Accommodation room charge back when travelling; New mileage claim templates; New artwork design lanyards; Windows 11 upgrade; Site visits to venues.

Click here to view the PDF
Q&A:

New MHC Appeal – AppealtoMHC062 – Appeal dismissed, Forensic order (FO) confirmed – Extension of limited community treatment (LCT) considered with respect to risk and victims’ considerations; Scope of judicial immunity (the case of Judge Vasta); Human rights case law – the scope and nature of the Freedom of thought, conscience, religion and belief; Adjournment due to “missing” material; Adjournment under s730 (absent without authority – AWA) – Application review or Tribunal-initiated review; Professional learning and development (PL&D) update – March masterclass, Members’ PL&D Framework; PL&D Committee update.

Click here to view the Q&A PDF
01/2025
Communique:

Acknowledgement of Country – Policy; National Apology to Aboriginal and Torres Strait Islander Peoples Anniversary; Change in Chief Psychiatrist; Audio recording reminder – reporting a fault in recording; Drafting statements of reasons – expressions of interest by medical and community members; New and/or updated resources (Information sheet – Diagnoses, Information sheet – Treatment; Information sheet – Fitness for trial; Human rights resources including information sheets and decision guides; Policy – Code of Conduct; Information sheet – Working remotely, Policy – Human rights); Person charged with a prescribed offence (PPO) ratings – Change in process; Articles of interest (People with schizophrenia struggling to find medication and nationwide quetiapine shortage, Reasons behind the rise in involuntary psychiatric treatment under Mental Health Act 2016, Queensland, Australia); Journal articles about new antipsychotic medication for schizophrenia – Cobenfy; Resources regarding changes to legislation relating to National Disability Insurance Scheme (NDIS); Monthly Stats – November and December 2024; Windows 11 upgrade.

Click here to view the PDF
Q&A:

Appeal to MHC061 – Appeal dismissed – Treatment authority (TA) confirmed – Treatment criteria considered, compatibility of decision to confirm TA with Human Rights Act 2019 (HRA); Deciding whether a person is fit for trial (FFT) – need to consider all Presser criteria even if person intends to plead guilty; Adjournment under section 730 – when a person is absent without approval (AWA) – ensure paperwork is current; Hearing attendees giving their full names in hearings; Free lived/living experience training opportunity.

Click here to view the Q&A PDF
11/2024
Communique:

Change in Minister; Walking this Path Together (Aboriginal and Torres Strait Islander) artwork; Person charged with a prescribed offence (PPO) ratings – consideration of a Tribunal ordered examination (TOE) report; Victim impact statement (VIS) processes; Feedback from Mental Health Lived Experience Peak Queensland (MHLEPQ) – self-reports; New Centre of Excellence in Intellectual and Developmental Disability Mental Health; New Head to Health Kids service; Mental Health Court reference decision – consideration of fitness for trial (FFT) criteria; Monthly Stats – October 2024; Provision of self-reports trial; Access card audit; Milage claim new form; Launch of refreshed Tribunal website; Travel for hearings day prior; Schedule changes.

Click here to view the PDF
Q&A:

Appeal to MHC060 – Appeal dismissed, treatment authority (TA) confirmed. Consideration of treatment criteria: capacity, risk regarding specified diagnosis; Hospital in the home; Mental Health Court (MHC) decision prohibiting authorised doctor from changing conditions; Adjournment when the patient does not attend – receipt of clinical report.

Click here to view the Q&A PDF
10/2024
Communique:

Welcome to new members; Member survey – closed; Nominating for travel to Brisbane for hearings; New resource – Case bank on administrative law; Article: Automated decision making and judicial review; Regional roundup – outcomes from 9 October Reconciliation Working Group (RWG) meeting; Monthly Stats – September 2024; Staff changes; Wellness room; MHRT Christmas party; Access card audit; Room chargeback when travelling for MHRT; New website update; Dialling in to prisons (correctional centres); Christmas closure.

Click here to view the PDF
Q&A:

Australian Centre for Health Law Research (ACHLR) annual oration; Mandatory refresher training; Masterclass update (vicarious trauma training).

Click here to view the Q&A PDF
09/2024
Communique:

Reminders about audio recording of proceedings; Removal of hearing attendees’ belongings from hearing rooms; Commencement of Victims’ Commissioner and Victims’ Charter; Reporting data on patient attendance; Masterclass attendance records; Queensland Ombudsman review of Forensic Disability Service (FDS); Monthly Stats – August 2024; Deputy President’s phone number; Publication of 2023-2024 Annual Report; Travel booking arrangements.

Click here to view the PDF
Q&A:

Appeal to MHC058 – Appeal allowed – Forensic order (mental health) confirmed – authorised doctor may change the category – Category of order after lawful release from custody; Appeal to MHC 059 – Appeal dismissed – Treatment authority confirmed – capacity and awareness of reasoning for taking medication; Independence of the Tribunal in its decision-making – considering submissions; Allowing the authorised doctor the discretion to change the category and associated conditions; Cases from the Council of Australasian Tribunals (COAT) Bulletins – Quick vs fair (Tuck v Kanti-Paul); Failure to adjourn (Steelbond Aus Pty Ltd v Wein); Article published by Dr Russ Scott on Mental Health Court (MHC) decision Re ICO.

Click here to view the Q&A PDF
08/2024
Communique:

Mental Health First Aid (MHFA) Australia accreditation; President’s delegates; PPO members and scheduling; Electronic audio recording – no editing; Mental Health Court (MHC) resources; Completing attendance in Tribunal Deliberations (TD); Federal Government response to Disability Royal Commission; Regional Roundup – Acknowledgement of Country Policy; Reconciliation Action Plan (RAP); Gilimbaa artwork proposal; Tribunal involvement in NAIDOC and other significant cultural activities; Newly appointed members; Monthly stats – July 2024; Contact information for the Tribunal office; Consumer engagement work; Website redesign project timeframe; Availability calendar update; Hearing venues – resolving issues.

Click here to view the PDF
Q&A:

Inpatients transferred to medical wards; New appeal to Mental Health Court (MHC) 056 – Appeal dismissed; Electroconvulsive therapy (ECT) approved – capacity to consent and relationship to insight; New appeal to Mental Health Court (MHC) 057 – Appeal allowed; Forensic order (FO) disability confirmed – authorised doctor may change the category and conditions were amended to mitigate risk; Considerations for issuing an attendance notice; Considerations when ordering a Tribunal-initiated review; Episode of ABC Health Report – Norman Swan on what is schizophrenia

Click here to view the Q&A PDF
07/2024
Communique:

Requesting risk assessment documents; Requesting a Tribunal-initiated hearing (TIR); Paper – Fast and slow thinking by judges and other human beings, Justice Peter Applegarth; Member appointment process; Monthly Stats – June 2024; Engagement with Aboriginal and Torres Strait Islander peoples; New salary packaging circular; Expense reimbursement supporting documentation; Mental Health Court (MHC) hearings obtaining evidence concurrently.

Click here to view the PDF
Q&A:

New Appeal to MHC054 – Electroconvulsive therapy (ECT) – Appeal dismissed and ECT approved – applying the criteria particularly in relation to consent (and considering insight); Appeal to MHC 055 – Electroconvulsive therapy (ECT) – Appeal allowed and ECT refused – Considered sufficiency of evidence for ‘treatment-resistance’, effectiveness of ECT for particular illnesses and the impact of the patient’s visa status.

Click here to view the Q&A PDF
06/2024
Communique:

Considerations for periods of transition from inpatient to the community; Documents referenced in a hearing; Professional learning and development update new learning module resource for non-ablative neurosurgical procedures.

Click here to view the PDF
Q&A:

Statement of reasons (SOR) including names and roles of attendees; Venue guides; Mental Health Court (MHC) transcripts and reasons - delays in receipt; Lived experience learning resources; Diversity and inclusion project update; Monthly stats - May 2024; Wellness room at MHRT office; Meeting with Mental Health Lived Experience Peak Queensland; Changes to web portal download; Review of availability calendar; Statement of reasons (SOR) payment rates; Temporary changes to panel constitution for matters involving a person charged with a prescribed offence (PPO); Use of collaborative meeting rooms (CMR) for contacting a correctional centre/prison; Timing of the August schedule release.

Click here to view the Q&A PDF
05/2024
Communique:

AppealtoMHC053 - Appeal allowed, decision to revoke FO and make TSO set aside, FO confirmed. Consideration of level of oversight and management on an FO vs TSO; Comparison of AppealtoMHC050 and Appeal to MHC053 regarding the MHCs decision and consideration of level of oversight of forensic order (FO) compared to treatment support order (TSO); Case summary regarding applicants ability to withdraw an application - Grace v Peter; Adjournment under s730 where a patient is absent without approval (AWA) only for periodic reviews; PL&D update LCT and conditions module and masterclass on non-ablative neurosurgical procedures.

Click here to view the PDF
Q&A:

Recruitment update Executive Officer; Results of member survey regarding applications for electroconvulsive therapy (ECT); Contacting the MHRT office; NDIS Bill introduced to Parliament; Review of authorised mental health service (AMHS) resources prepared by the Tribunal; Regional roundup from David Wenitong; Article of interest: New hope to cut side effects of anti-psychotic drugs; Monthly Statistics April 2024; Corporate Services in-tray; Expense reimbursements new form and digital signature use; Mileage claims timing for claims; Use of Ubers; End of Financial Year requirements; Web portal developments; Website development update; Gold Coast AMHS facility and unit changes; Royal Brisbane and Womens Hospital (RBWH) AMHS new facility Spring Hill; Princess Alexandra Hospital (PAH) AMHS venue issue temperature; Hearing room concerns; Reference to draft reasons for finding from the Mental Health Court (MHC) in hearings; Issuing attendance notices contacting the office and where issuing to the Office of the Public Guardian (OPG).

Click here to view the Q&A PDF
04/2024
Communique:

Reliance on Advance Health Directive (AHD) and Enduring Power of Attorney (EPOA) documents;.

Click here to view the PDF
Q&A:

Tribunal-initiated reviews and including information on the Tribunal Deliberations (TD) document; Updated resources deidentified Tribunal Deliberations (TD) and written Record of Proceeding (ROP); Requests for statements of reasons (SOR) for Mental Health Court appeals; Mental Health Court Judges update; Monthly Stats - March 2024; MHRT consumer engagement videos published on the website translated into Yumplatok and Wik Mungan; Expense claim requirements and toll expenses.

Click here to view the Q&A PDF
03/2024
Communique:

New appeal to MHC 050 - Appeal dismissed and treatment support order (TSO) confirmed. Reasons give consideration to the level of oversight possible under a TSO; New appeal to MHC 051 - Appeal allowed and forensic order (FO) conditions changed. Consideration of views on potential harm to victims; Appeal to MHC 052 - Appeal allowed, forensic order (FO) revoked and treatment support order (TSO) made. Revocation of an FO for a person charged with a prescribed offence (PPO) matter with an independent report ordered by the Mental Health Court (MHC); Does a treatment authority (TA) expire?; Role of the Office of the Public Guardian (OPG); Is a party not attending or running late?; Mental Health Professional Online Development Program (MHPod).

Click here to view the PDF
Q&A:

Experiences with interpreters; Which member undertakes the audio recording in hearings; Length of hearings; Updates to resources - Statement of reasons (SOR) style guide, Hearing guide - Questions - Treatment authorities, Hearing guide - Questions - Forensic orders and Treatment support orders; Monthly Stats - February 2024; Consumer engagement - updated hearing notices; Digital signatures; Checking of decision notice against Tribunal deliberations (TD).

Click here to view the Q&A PDF
02/2024
Communique:

New Appeal to MHC 049 - Decision to make treatment support order (TSO) was replaced with the decision to make no further order after considering the utility of the order given the source and severity of risk; Recent case - what is meant by - best interests-; Functus officio - when a decision cannot be changed.

Click here to view the PDF
Q&A:

Statement of reasons (SOR) payment rates; Membership neurosurgeon; Email signature block; Public Trustee reviews and report; Article - Bringing together the World Health Organisations Quality Rights initiative and the Work Psychiatric Associations programme on implementing alternatives to coercion in mental healthcare: a common goal for action; Monthly Stats - January 2024; Recruitment of Tribunal staff; Use of generic email address; Mental Health Lived Experience Peak Queensland (MHLEPQ) discussion paper; Wellbeing plan; New Microsoft Teams app; After hours contact for late changes to scheduled sittings.

Click here to view the Q&A PDF
01/2024
Communique:

Taking into account criminal justice system equivalent; Professional Learning and Development Committee (PL&D) update

Click here to view the PDF
Q&A:

Member farewells; Diversity and inclusivity project update; Article - OPCAT: How an international treaty regarding torture is relevant to the Australian mental health system; Monthly stats - December 2023; Corporate Services, Hearings Coordination and Legal & Policy team changes; The Lancet Psychiatry journal publication requirements; Queensland Health Lived Experience Engagement Strategy; Expense and mileage claims; Device repairs and replacement; Electronic audio recording - adjournments; Attendance notices - addressing them to the Public Guardian.

Click here to view the Q&A PDF
12/2023
Communique:

Confidential information and confidentiality orders (CO) reference to information from another source, submissions relevant to information the subject of a CO; Drafting conditions involving support orders; Giving of notice pursuant to section 730 - signature on form and when form is given.

Click here to view the PDF
Q&A:

New President Delegate; Authorised Mental Health Service (AMHS) COVID response; Monthly Stats - November 2023

Click here to view the Q&A PDF
11/2023
Communique:

Appeal to MHC 048 - appeal dismissed, forensic order (FO) with existing conditions confirmed. Deciding limited community treatment (LCT) and applying -unacceptable risk test while having regard to the victims views, risk of harm to victims and community expectations; Observer refresher; COAT Bulletin - relevant case law.

Click here to view the PDF
Q&A:

Electronic audio recording: update; Staff and members Christmas function; Use of separate class types for matters subject to a non-revocable order; Waiver of legal representation; Self-reports: updated templates and consideration of consumers preference regarding disclosure to the treating team; Reconciliation Working Group: update; National Statement of Principles for Forensic Mental Health; Monthly Stats October 2023; Consumer engagement: tips for members when conducting a hearing that may involve a person with a disability; Car parking at the MHRT office; Scheduling processes: communications regarding late requests and travel guidelines.

Click here to view the Q&A PDF
10/2023
Communique:

Constituting two member panels - need for prior approval; New Mental Health Court (MHC) appeal 047 - FYS - assessing capacity when delusional thinking or lack of insight into illness; when patient understood nature but not effect of decision; when electroconvulsive therapy (ECT) was appropriate in the circumstances; when patient unable to sit through or listen to explanation from doctor; Maintaining professional etiquette in hearings; Use of gendered language in conditions; Follow up questions from Administrative Law masterclass - Case law regarding lack of insight and capacity; Immunity for Tribunal-ordered examination (TOE) doctors providing evidence to the Tribunal.

Click here to view the PDF
Q&A:

Device laptop clean up; Dispensing with legal representation; Safety induction when in person; Culturally informed counselling article and culturally and linguistically diverse (CALD) app; Diversity Royal Commission report summary; Statement of reasons (SOR) template numbering; Regional roundup from the full-time members; Article of interest: My mind through psychosis; Monthly statistics September 2023; Changes to staffing; New self-report templates; MHRT ID cards; Digital CabCharge vouchers; Resolve CIMHA integration; Electronic audio recording update; Use of generic/shared email addresses to contact office staff; Use of shared rooms at hearing venues; Changes to modes of attendance contact office first; Duress alarm procedures

Click here to view the Q&A PDF
09/2023
Communique:

New deidentified appeals - Appeal to MHC 045: Appeal upheld. Treatment authority (TA) revoked. Insufficient evidence for Court to be satisfied the treatment criteria were met and insufficient evidence of risk, Appeal to MHC 046: Appeal dismissed. Treatment support order (TSO) confirmed. Courts views regarding the clinical relationship breakdown, transition to treatment in the private sector and patients ongoing cannabis use; Forensic Disability Service (FDS) inpatient or community category, campus location and whether on ground or off ground leave appropriate; PL&D update.

Click here to view the PDF
Q&A:

Electronic audio recording software and microphone use instructions; Patient attendance data collection; Adjournments -limited circumstances in which an adjournment can be more than 28 days; Adjournments s730 absent without authority (AWA) rather than 28 day adjournment and return of a patient with Queensland Police Service (QPS) involvement; Mental Health Court Judge validation and changes to the Mental Health Act 2016; Person charged with a prescribed offence (PPO) ratings; Practice Direction 1 of 2023 Conduct in hearings; Monthly Stats - August 2023; Staffing changes; Consumer Engagement - Recovered Futures Art Exhibition; Parking ticket validation; Expense and mileage claims submission; Access card building access audit; Resolve CIMHA integration extra diligence required; Hearings reporting of venue issues.

Click here to view the Q&A PDF
08/2023
Communique:

Less restrictive vs least restrictive; Confidentiality order (CO) not a separate hearing; Reminder about in-house courses.

Click here to view the PDF
Q&A:

Communique: In person attendance patients and members; Venue safety; Contacts for IT support; New resources: Hearing Guide - Questions - Examination Authorities (EA), Updated venue guides, Multicultural health and building cultural awareness; Diversity and Inclusivity Project update - Calendar of dates; Providing recommended ratings for persons charged with a prescribed offence (PPO); Consumer videos on MHRT website; Medical members sitting on examination authority (EA) matters; Monthly Stats - July 2023; New Executive Support Officer; New self-report; Tribunal Reference Group (TRG) update; 45 minute 1st-TA review trial; Examination authority (EA) matters return of paperwork; Expense claims; CIMHA Resolve integration update; Electronic audio recording project update.

Click here to view the Q&A PDF
07/2023
Communique:

Human rights case: Austin BMI Pty Ltd v Deputy Premier[2023] QSC 95 human rights considered in three stages engagement, limitation and justification; Community Forensic Outreach Service (CFOS) referrals; Revocation of a forensic order (FO) and making a treatment support order (TSO) telling treating teams what is required; Examination authorities (EA) Part A and Part B Referring to Part B in hearings; PL&D update: Trauma informed diversity awareness masterclass from Blue Knot, Compass episode Psychedelics Healing the spirit?.

Click here to view the PDF
Q&A:

New and updated resources: Electroconvulsive therapy (ECT) information sheet capacity and ECT (In the matter of ICO), ECT Flow Chart, Hearing Guide ECT Application Pt does not have capacity appropriate in the circumstances; Examination authorities (EA) information sheet dialling in an application for an EA hearing, public information sheet application for an EA; Statement of reasons (SOR) templates update; Updated hearing documents to capture a persons pronouns; Confidentiality of information received as an MHRT member; Preparation of record of proceeding (ROP) and member deliberations (MD) which members record ROP for different hearing types; Travel arrangements timing of flights and taxi use in regional areas; Consumer engagement Tips for building rapport with persons from culturally and linguistically diverse (CALD) backgrounds.

Click here to view the Q&A PDF
05/2023
Communique:

New deidentified Mental Health Court (MHC) appeal - AppealtoMHC042 / In the matter of ICO - Refused application for electroconvulsive therapy (ECT) and considered capacity to give informed consent and whether ECT was appropriate in the circumstances; Conflicts of interest - spotlight; Interpreters - tips; Medical wards vs inpatient wards - appropriate category; Health literacy training availability.

Click here to view the PDF
Q&A:

Oral evidence that should go forward; Scheduling practices - examination authorities (EA); President Delegates and PPO Members pathways information sheet; Return to in-person sittings; Template cover sheet for hearings material/documentation (including for victim impact statements (VIS)); Monthly Stats April 2023; Regional Roundup; Electronic recording of hearings update; Staff expense claims and mileage claims signatures and timing; End of financial year requirements; 45 minute treatment authority (TA) reviews; Site visits feedback; Hearings in regional venues.

Click here to view the Q&A PDF
04/2023
Communique:

Patient waiver regarding late receipt of clinical report; Questions about medication / treatment; section 206 when an authorised doctor must revoke a treatment authority (TA) consultation with a psychiatrist; Upcoming member professional learning and development (PL&D).

Click here to view the PDF
Q&A:

New Authorised Mental Health Service (AMHS) Catherines House; Hearing finish times; Statement of reasons (SOR) copying all members into requests; Hearing attendees wearing face masks; Presiding requirements / expectations; Legal members are practising certificates required; Monthly Stats March 2023; Electronic audio recording of hearings project; Telephone numbers from Tribunal office; AMHS changes Townsville Network AMHS; Going away informing Tribunal of leave arrangement; Staff expense claims; Flu vaccination; Confidentiality orders (CO) decision paperwork.

Click here to view the Q&A PDF
03/2023
Communique:

Update regarding Member PL&D Committee; Treating teams and Queensland Health Victim Support Service (QHVSS) engagement; Attendance notices what they can be used for; Deidentified appeals: Appeal to MHC 039 Treatment authority (TA) reduction in risk; Appeal to MHC 040 Electroconvulsive therapy (ECT) application of criteria; Appeal to MHC 041 Treatment authority (TA) meaning of capacity.

Click here to view the PDF
Q&A:

Contact numbers for Deputy President and Full-time Members; Statement of Reasons (SOR) member survey results; Noting attendee names on record of proceeding (ROP); Avoiding unnecessary adjournments; Units at The Park; Formal mental health qualifications; Monthly Stats - February 2023; Registering for myHR; Member docking stations; Change of time for hearings at Wide Bay

Click here to view the Q&A PDF
02/2023
Communique:

Update on members professional learning and development; Patient required to return criteria and timing; Attendance by nominated support persons (NSP), attorneys, guardians.

Click here to view the PDF
Q&A:

February 2023 new member appointments; Directions/instructions to hearing participants; New look members website; Rating persons charged with a prescribed offence (PPO); Seminar. The work of the Mental Health Review Tribunal; Expression of interest member of the Administrative Appeals Tribunal; Monthly Stats January 2023; After hours contact; Mental Health Court (MHC) Registry delay in receipt of documents; Attendance of legal representatives; Stakeholder feedback from authorised mental health services (AMHS); Manager Hearings Coordinator; Conducting hearings by CMR privacy and confidentiality; Building and Emergency Procedures Training.

Click here to view the Q&A PDF
01/2023
Communique:

International human rights cases: Climate change impacts - Daniel Billy and others v Australia (Torres Strait Islander Petition), Life imprisonment without parole - R v Bissonnette; Mental Health Court (MHC) cases that may provide guidance in relation to a person on a forensic order (FO) or treatment support order (TSO) that may never have had a mental illness.

Click here to view the PDF
Q&A:

Public Sector Act 2022 - Working Groups; Mental Health Court (MHC) decisions - reasons and transcripts; Statement of reasons (SOR) - Christmas break; Monthly Stats - December 2022; Return to in-person hearings; Member appointment and March roster; Expense claims; Parking at 53 Albert Street.

Click here to view the Q&A PDF
12/2022
Communique:

Click here to view the PDF
Q&A:

Public Sector Act 2022 - Working groups; Audio recording project update; New resource - Information sheet: Substitute decision making and restrictive practices; Strategic plans; Monthly Stats - November 2022; Muting during deliberations; Deferring periodic reviews.

Click here to view the Q&A PDF
11/2022
Communique:

Questions from authorised mental health services (AMHS): Is it limited community treatment (LCT) if the patient is staying on the hospital campus grounds, When will a decision about limited community treatment (LCT) by an authorised doctor be contrary to a decision by the Tribunal? Mental Health Court (MHC) appeals: Appeal to MHC036 - Electroconvulsive therapy (ECT) approved. MHC outlined their application of the facts to the criteria in section 509, particularly in circumstances when the patient clearly expressed that he did not want ECT, Appeal to MHC037 - Treatment authority (TA) confirmed. MHC considered the patients capacity including the timing of the assessment of capacity, when the person may be supported by another person in their decision-making and obtaining the views of the patients supports, Appeal to MHC038 - Forensic order (FO) confirmed. MHC expressed the purpose of an FO, the impact of substance use (including on driving), whether the Tribunal could proceed in the patients absence and the fact that restraints of the FO are not loosened to motivate a patient.

Click here to view the PDF
Q&A:

Members end of year gathering; Professional learning and development (PL&D); Updated strategic plan; Application of section 213(2) amendment of a forensic order (FO) to change the category to inpatient; Paper: Keynote address of Lord Leggat Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony; Monthly Stats October 2022; Staffing changes; Christmas party and lunch; Hearings break timing; Communication with hearings coordinators and team leaders; Timing of travel expense claims; Launch of the Consumer Engagement Strategy.

Click here to view the Q&A PDF
10/2022
Communique:

Use of section 446(2)(a) - forensic order (FO) community, doctor cannot change category to inpatient; Signatory on clinical reports what if it is not the treating practitioner; Provision of Assessment and Risk Management Committee (ARMC) minutes; Updated confidentiality order (CO) - possible process flow chart; Including members names on decisions.

Click here to view the PDF
Q&A:

Group decision-making; Mandatory training; Cyber security locking devices; Publication of reasons by the Mental Health Court (MHC), Tribunal web portal - second page of documents; Discussions between Tribunal members and hearing attendees out of session; Article - Psychiatric advance directives and consent to electroconvulsive therapy (ECT); Forensic Mental Health Forum; Monthly Statistics - September 2022; MHRT office staffing changes; Access card audit; MHRT identification; Device rollout; Email address changes; Clinical reports - follow up when not provided at least 7 days prior to a hearing; Up to date hearing lists; Travelling for hearings; Feedback on sitting at venues; 45 minute treatment authority (TA) trial.

Click here to view the Q&A PDF
09/2022
Communique:

New Mental Health Court (MHC) appeal - MHC035: Factors considered by MHC in revoking forensic order (FO) (disability) - because the order was not mitigating risk or protecting the community in a meaningful way. MHC was satisfied other protective factors were mitigating risk; Recent High Court case - Nathanson v Minister for Home Affairs - failure to afford procedural fairness - when a party may not have had access to all information available to the panel; Which clinicians can sign documents submitted to the MHRT - Application for approval to perform electroconvulsive therapy (ECT) and Clinical reports; When can a patients attorney (appointed under an Enduring Power of Attorney (EPOA)) consent to and when will an attorney be considered a less restrictive way (including consideration of inpatient care and physical restraint); Revoking a forensic order (FO) (mental health) to make an FO (disability) (section 457) is a Tribunal-ordered examination (TOE) report required?

Click here to view the PDF
Q&A:

Professional learning and development (PL&D) update, including PL&D Committee and members mandatory training; Covid vaccination certificates; Member appointment process; Working with interpreters online training course; Ordering a Tribunal-ordered examination (TOE) report - template paperwork; Accessing MHRT emails regularly; Monthly Stats (August 2022); Human resources (HR) matters; Consumer Engagement Tribunal Reference Group (TRG), Strategy and Framework; End of trip facilities upgrades; Parking using 53 Albert Street; Access card audit; Overpayments process update; Mileage and expense claims reminder; Office 365 update; New device rollout; Tribunal-initiated reviews including explanation on record of proceeding (ROP); Whiteboard in the hallway at Tribunal office for hearing rooms.

Click here to view the Q&A PDF
08/2022
Communique:

AppealtoMHC033 - MHC considered -interested person, frivolous, inpatient status as a consequence of NDIS funding and the role of NDIS vs forensic orders (FO); AppealtoMHC034 -Factors given weight when revoking forensic order (disability) (FO). Assisting Psychiatrists noted concerns with deficiencies in independent expert report (TOE) and how certain factors can be considered within a risk assessment; Do you need to reference all the persons in the room in a statement of reasons (SOR); When do you need the treating psychiatrist to attend a fitness for trial (FFT) example

Click here to view the PDF
Q&A:

New Mental Health Court Judge; Managing technology use in a hearing; Feedback about leading questions; MHRT in-house courses; Monthly Stats July 2022; Use of personal emails; Office return; In-person hearings; 45 minute hearing trial; Vaccinations; Parking options; MHRT ID card expiry; Member appointments; New device rollout; Computer updates; Consumer Engagement Strategy update.

Click here to view the Q&A PDF
07/2022
Communique:

New appeal, AppealtoMHC032 - Mental Health Courts (MHC) comments on the content of clinical reports and how to consider charges/index offences; Determining the validity of an advance health directive (AHD) specifically in relation to electroconvulsive therapy (ECT); Mental Health Act changes; Electroconvulsive therapy (ECT) informed consent form; To adjourn or not to adjourn when ordering a Tribunal-ordered examination.

Click here to view the PDF
Q&A:

Member Conference 2022 postponement; Member Handbook update; Returning completed statements of reasons (SOR); Member deliberations; Article - international human rights standards; Monthly Stats June 2022; Decision paperwork coming updates; PAYG summaries; Member appointment - February 2023 appointment advertisement coming; Device replacement; Resolve/CIMHA integration; Inability to mark up clinical reports electronically; Consumer engagement update.

Click here to view the Q&A PDF
06/2023
Communique:

Mental Health Court deidentified appeal AppealtoMHC043 - MHC dismissed appeal and approved electroconvulsive therapy (ECT); deidentified appeal AppealtoMHC044 - MHC dismissed appeal and approved ECT; Timing of reviews by treating psychiatrist or authorised doctor; Assessing witness credibility and reliability; PL&D update - identify name when joining training session.

Click here to view the PDF
Q&A:

Electronic audio recording project update; Statement of reasons (SOR) fees, publication and internal administrative processes; In the matter of ICO-electroconvulsive therapy (ECT) Mental Health Court (MHC) case recorded masterclass presentation; Diversity and Inclusivity Project update; Unconscious knowledge and bias;-Bugmy Bar Book; Disability - supported decision-making research report; Queensland Audit Office (QAO) report on health outcomes for First Nations people; Hearing room hygiene; Regional members update; Monthly Stats - May 2023; Electric motor vehicles; Expense reimbursement claims signature requirements; 45 minute first treatment authority (TA) reviews new trial sites.

Click here to view the Q&A PDF
06/2022
Communique:

Review of a forensic order (FO)/treatment support order (TSO) made on the basis of a finding of not fit for trial (FFT) (permanent) - considering unlawful act; What do you do if you feel there is low risk but it feels too soon to revoke the order?; Taking account of a victim impact statement (VIS) where the victim has died; What is a statutory health attorney?; Clinical reports - how is required to sign the report?; New AppealtoMHC031: Mental Health Court (MHC) considered appropriateness (including human rights) of condition restricting access to mobile phone/internet for person with intellectual disability and history of sexual offending (incl. via internet).

Click here to view the PDF
Q&A:

Amendments to the Mental Health Act 2016 - commencement date; Changes to some shared email accounts; Member Conference update; New resources: mental health system map, Guide Using Microsoft Teams; Requesting a Tribunal-initiated hearing; Timing of scheduled hearing days; Monthly Stats - May 2022; Staffing changes; Scheduling of examination authorities (EA); PAYG summaries; Car parking; Device replacement update; Consumer engagement update.

Click here to view the Q&A PDF
05/2022
Communique:

Member deliberations (MD) tips for completing; Asking questions during a hearing; Patient in hospital for other medical treatment - inpatient category; Human rights considerations for a classified patient; New Appeal to MHC030: Mental Health Court (MHC) confirmed nature of the appeal hearing is de novo. MHC details the facts that it considers supported the finding that risk could be managed under a treatment support order (TSO).

Click here to view the PDF
Q&A:

New medical members; Amendments to the Mental Health Act 2016 - Health and Other Legislation Amendment Act 2022; Member Conference; Hearing lists provided by AMHSs; Member scheduling; New resources: Info sheet: Prison health services; Article: Transparency and accountability are needed to clarify large differences in the use of forensic orders across Australia; Monthly stats - April 2022; Forensic order (disability) numbers; Change of sitting mode; Updated personal details; Mileage and staff expense claims; Income statements; IT matters - being able to check the boxes on a record of proceeding (ROP) and member deliberations (MD).

Click here to view the Q&A PDF
04/2022
Communique:

New information after the panel has made its decision; What constitutes a clinical report; Consideration of risk treatment criteria for treatment authorities (TA); Articles relevant to human rights.

Click here to view the PDF
Q&A:

Covid update; Wellbeing and availability; Remote hearings etiquette; Adjournments; Practice Direction - Hearing Attendance 1/2022; Amendments to the Mental Health Act 2016 (MHA2016) - Health and Other Legislation Amendment Act 2022; Monthly Stats March 2022; Tribunal initiated reviews; Who should I contact if I can't sit; Victim matters; Forensic Liaison Officers (FLO); Member appointment; Medical Member appointment; Computer updates; Digital Strategy.

Click here to view the Q&A PDF
03/2022
Communique:

Decision notice Treatment support order (TSO) confirmed, inpatient category; Conditions; Case law update - Human rights casebank: explanation of what is meant by arbitrary in relation to right to privacy; Appeals from Mental Health Court (MHC) Treatment authority (TA): do delusions need to be investigated before concluding there is a mental illness and what constitutes risk of deterioration or risk of harm to others, Forensic order (FO) revoked and treatment support order (TSO) made: Attorney-Generals (AG) representative argued that change to alcohol condition should occur while the patient was still on a forensic order (FO) so the forensic order (FO) should not have been revoked, Treatment authority (TA): whether the patient had capacity and particularly whether insight improvements were sufficient to revoke the treatment authority (TA); Council of Australasian Tribunals (COAT) inaugural Tribunal case update.

Click here to view the PDF
Q&A:

Covid update; Amendments to the Mental Health Act 2016 (MHA2016) - Health and Other Legislation Amendment Act 2022; Statements of reasons; Article - post-covid psychosis; Book - Lovers of Philosophy; 2022 Women Lawyers Association of Qld Inspo List; Monthly Stats February 2022; Periodic and applicant reviews; Final lists; Dialling in patients; Correctional centre (prison) patients; Car parking; Evacuation plans; CMR background.

Click here to view the Q&A PDF
02/2022
Communique:

New appeal: AppealtoMHC026 - Electroconvulsive therapy (ECT): appeal by the patient was dismissed; Electroconvulsive therapy (ECT): attempted withdrawal of an application for approval to perform electroconvulsive therapy (ECT) when an emergency certificate is in place; Fitness for trial (FFT): all charges to be considered; What is the test for putting in place conditions; Category for a treatment authority (TA) for a forensic order (disability) (FO(D)) inpatient category.

Click here to view the PDF
Q&A:

Covid update; New / updated documents and resources (Information sheet - Attendance notice, Flow charts - Appeals to the MHRT and Minors detained in high security units, Clinical report - Minors detained in high security units, Notices of Appeal); Member Competencies and Professional Learning and Development Frameworks; Inquiry into the opportunities to improve mental health outcomes for Queenslanders; Professional learning and development courses; Diversity data; Monthly Stats January 2022; Tribunal ordered examinations (TOE); Tribunal Reference Group (TRG); Website videos; Payslip changes.

Click here to view the Q&A PDF
01/2022
Communique:

Amendments to the Mental Health Act 2016 (MHA2016); Fitness for trial (FFT) clinical reports; Transfer between services.

Click here to view the PDF
Q&A:

Working remotely reminders; Availability; Statements of reasons; Upcoming learning and development; Inquiry into the opportunities to improve mental health outcomes for Queenslanders; Medical member availability; Record of proceedings (ROP); New victim forms; Tribunal Reference Group (TRG); Monthly Stats November 2021, December 2021.

Click here to view the Q&A PDF
11/2021
Communique:

Members Learning and Development Committee; Attendance at hearing - an excluded visitor; Reportable offenders register obligations; Election to go to trial; Published Mental Health Court (MHC) cases: GLH - Appeal to MHC024: Human rights considerations; FCZ: Fitness for trial (FFT); Human rights case - solitary confinement and consideration of less restrictive alternatives: Owen DArcy v Queensland Corrective Services; Adjournments under section 730 (s730): when the patient has since been located (AWA).

Click here to view the PDF
Q&A:

Covid-19 mandatory vaccination; Diversity data; You Cant Ask That - Cairns videos; Making tracks together: Health equity framework; Masterclasses and case study sessions; Vicarious trauma masterclass; Parking; When all members are in person CMR; Member requests to sit from home; Mileage and insurance; Vaccination evidence; Staff expense claims; Medical member recruitment; Lobby feature in CMR; Swollen battery issue; Monthly Stats October 2021.

Click here to view the Q&A PDF
10/2021
Communique:

Addressing hearing participants; Delivery of decision when using CMR; Human rights refresher; Member deliberations (MD) and recording of proceeding (ROP) - what to include and when; Confidentiality.

Click here to view the PDF
Q&A:

Covid-19 mandatory vaccination; Special case management; Diversity data; New member induction; Mid-term review; Date of forensic order (FO) listed in clinical reports; Adjourned electroconvulsive therapy (ECT) hearings; Uploaded a document in error; Start and finish times on records of proceeding (ROP); Annual report; Portal evaluation; Access card audit.

Click here to view the Q&A PDF
09/2021
Communique:

New appeal: Appeal to MHC025: Mental Health Court (MHC) confirmed that the MHRTs decision to make a treatment support order (TSO) was appropriate; Appeal to MHC001: Giving due regard to unanimous opinion of the treating team; Classified patients; Clinical report date for the making of forensic orders (FO).

Click here to view the PDF
Q&A:

Queensland Health - Mandatory covid-19 vaccination; Spotlight on conflicts; PPO (prescribed offence) ratings; Work health and safety (WHS) mandatory training; Call for journals or texts; Monthly Stats August 2021; Hearings feedback from Office of Public Guardian (OPG); IT shortcuts; Interpreters.

Click here to view the Q&A PDF
08/2021
Communique:

New appeal - Appeal to MHC024: Human Rights Act considerations; Electroconvulsive therapy (ECT) emergency certificate and application dates; What is safety of the community; Adjournment query patient has requested an adjournment.

Click here to view the PDF
Q&A:

New MHRT members; Hearings at Daintree Unit, Metro South; Attorney vs legal representative; Instructions to hearings coordinators panel constitution; Work health and safety (WHS) mandatory training; New resources (Statement of reasons (SOR) style guide; human rights; Forensic Disability Service (FDS) programs; working from home); Monthly Stats July 2021; Covid impacts; Conflict of interest; Access cards; IT shortcuts; Updated IT resources.

Click here to view the Q&A PDF
07/2021
Communique:

New appeal - Appeal to MHC023: Medication monitoring; Impact of domestic violence orders or other potential non-contact orders; Electroconvulsive therapy (ECT) and advance health directives (AHD); Article: Physical health of forensic inpatients.

Click here to view the PDF
Q&A:

Member appointment; Covid-19; New statutory appointments - Office of the Public Guardian (OPG) and Office of the Public Advocate (OPA); Wellbeing email; New resources (Members Handbook update, Information sheets: reporting a reasonable belief of sexual offending against a child, mandatory reporting updated; case study session notes Aboriginal and Torres Strait Islander cultural considerations); Monthly Stats June 2021; Correctional centre (prison) CMR instructions; Changes to Townsville Authorised Mental Health Service (AMHS); Website training video; Inactive accounts.

Click here to view the Q&A PDF
06/2021
Communique:

Patient waivers - receipt of clinical report; Non-contact conditions (victims); Language friendly conditions; Section 730 (s730) adjournment and relevant persons absence (AWA); Articles: Psychiatry and the socio-political order; Culture-bound syndromes in Aboriginal Australian populations; Psychedelics - the curious journey from medical lab to party drug and back again.

Click here to view the PDF
Q&A:

Deputy President reappointment; Strategic plan; Mid-term review; Upcoming learning and development opportunities; Monthly Stats May 2021; ID card expiry dates; PAYG summary.

Click here to view the Q&A PDF
05/2021
Communique:

When is the MHRT required to decide whether the person is likely to be fit for trial (FFT) in a reasonable time (s488); Issuing a notice to produce (s744); Submission of a recording of a private conversation; Barristers appearing before the MHRT; Mandating contact with treating teams.

Click here to view the PDF
Q&A:

Delivery of masterclasses; Provision of prescribed information to Chief Psychiatrist forms; Non-ablative neurosurgical procedures (NANP) - in the news; New resources (Information sheets: visa considerations, positive behaviour support plans (PBSP), patient living interstate; Appeals case bank); Monthly Stats April 2021; Mileage claims; Interpreters; Marking up clinical reports on devices; Changing your mode of sitting - approval required; Staff expense claims; Parking.

Click here to view the Q&A PDF
04/2021
Communique:

Conflict of interest - the patient is a member or former member of the MHRT, the treating psychiatrist is a member of the MHRT, a member hearing an electroconvulsive therapy (ECT) application close in time to hearing a treatment authority (TA) for the same patient; New appeals - Appeal to MHC019: a consideration of the differences between forensic orders (FO) and treatment support orders (TSO) even where the same conditions are kept, Appeal to MHC020: no mental illness at the time of the index offence, Appeal to MHC021: an electroconvulsive therapy (ECT) application where patient opposed; Limited community treatment (LCT): leaving discretion to authorise leave on a day to day basis with the treating psychiatrist; Where the role of the Forensic Liaison Officer (FLO) sits within a treating team; Concept of parent: Torres Strait Islander Traditional Child Rearing Practice; Resource: Paper by Justice Helen Bowskill on burnout and secondary trauma.

Click here to view the PDF
Q&A:

Contact information for MHRT office; Register of content for communiques and Q&As; Interpreters; PPO (prescribed offence) ratings; Monthly Stats March 2021; Adjournments; Member bios; Receipt of late material; Use of acronyms in decision conditions; Mileage claims; Staff expense claims; Parking; SMS from the database (Resolve); Contact for IT problems or issues; Videoconferencing equipment; Cyber security alert; Secure transfer of information.

Click here to view the Q&A PDF
03/2021
Communique:

Victim who submitted a victim impact statement (VIS) is deceased; New statement of reasons (SOR) templates; Proof reading and formatting statements of reasons (SOR); New resources (Information sheet: fitness for trial (FFT) review and human rights considerations; Case note: Negri v Department of Social Services: oral and written reasons); ANZAPPL Lecture: Reducing the psychological impact of traumatic material on psychiatrists, psychologists and lawyers.

Click here to view the PDF
Q&A:

Member communication preferences survey results; Plans for scheduling future hearings; Use of personal email; Confidentiality and deliberations; Monthly Stats February 2021; CMR details for hearings; Uploading of documents when multiple matters listed; Available material on the portal; Victim impact statements (VIS); Where am I sitting; Resolve (database) text messaging system; ID cards.

Click here to view the Q&A PDF
02/2021
Communique:

Attendees at hearings; Section 730 (s730) adjournments AWA; Role of the Office of the Public Guardian (OPG) representative at hearings; Referencing deidentified Mental Health Court (MHC) cases in hearings or statements of reasons (SOR); Podcast: Psychiatry and psychotherapy.

Click here to view the PDF
Q&A:

Member Competencies and Learning and Development Frameworks; Recent Mental Health Court (MHC) case: Non-revocable forensic order (FO); Member survey - Communication preferences; Member appointment process; Upcoming learning and development opportunities; Article: Cannabis use and cannabis use disorder; Tribunal initiated reviews; Disconnect CMR at the end of the day; Mileage claim and staff expense claim; Accidental recording of hearings by treating team; Member deliberations (MD) for examination authority (EA) matters; Electronic recording of hearings; Parking; Pay slips and half days / one session.

Click here to view the Q&A PDF
01/2021
Communique:

New resource (Information sheet: powers of authorised doctors to make changes to forensic orders (FO) and treatment support orders (TSO)); Involuntary treatment with no conditions; Confidentiality order (CO) questions: Adjournment paperwork, Preventing disclosure of information / documentation to whom, completing record of proceeding (ROP) and member deliberations (MD); Table of decision conditions.

Click here to view the PDF
Q&A:

Hearing attendance times (punctuality); Long term forensic orders (FO); Member bios; Attendance by legal representatives; Presidents Delegates and PPO (prescribed offence) members; Communication preferences; Requests to sit from home; Parking; Building training; Member appointments.

Click here to view the Q&A PDF
07/2020
Communique:

Human rights - case law; Addressing confidential documents (CO); New resources (Guidelines - Conflict of interest, Information Sheets: Electroconvulsive therapy (ECT) and capacity, Acknowledgement of Country, Document formatting); Allocating recording of proceeding (ROP) and member deliberations (MD) to complete.

Click here to view the PDF
Q&A:

Queensland Human Rights Commission annual report (QHRC); Conditions about contact with certain persons (non-contact; victims); Debriefing and downloading; Device batteries; Practice Direction - Confidentiality Orders (CO); Return to in-person hearings; Uploading of decisions; Statement of reasons (SOR) payments; Parking.

Click here to view the Q&A PDF
06/2020
Communique:

Forensic disability course; Attendance at hearings (NDIS coordinators and support persons); Changes in a persons diagnosis and its impact on decisions for a forensic order (disability) (FO(D)).

Click here to view the PDF
Q&A:

New Health Minister; Work health and safety (WHS) mandatory training; Member bios; Book exchange; Audio electronic recording project; Examination authority (EA) emails now from Enquiry; Sitting as fourth (4th) member; Electroconvulsive therapy (ECT) hearings; Decision file names; Hearing room numbers; Return to in-person hearings; Photo ID; Expense claim and mileage claims; Member appointments.

Click here to view the Q&A PDF
05/2020
Communique:

New appeal - Appeal to MHC018: whether identified risk is sufficient to meet the test to justify a forensic order (FO); Human rights case update: right to work (Storch v Department of Justice and Attorney-General), Concept of family and conflicting decisions (NN and IN v Department of Child Safety, RE and RL v Department of Child Safety); Cultural and legal issues in Indigenous Health podcast; Learning and Development Committee update; Annual refresher training; Forensic Specialisation Course.

Click here to view the PDF
Q&A:

Attending at the MHRT office; Member deliberations (MD); Member appointment; Statement of reasons (SOR) circulating to members; Timing of hearings; Feedback on MHRT website; IT tips; Requesting additional hearing times; Final lists; Hearing rooms; Health practitioner to perform particular functions of an authorised doctor (s341); Deferral of hearing (periodic review); Building access card audit; Electronic recording of hearings.

Click here to view the Q&A PDF
04/2020
Communique:

Click here to view the PDF
Q&A:

Doctors role structure (e.g. SMO, VMO); Practicalities of making a treatment authority (TA); Victim impact statements (VIS): legal representation; Consequences for existing treatment (TA) when treatment support order (TSO) made by Mental Health Court (MHC).

Click here to view the Q&A PDF
03/2020
Communique:

Click here to view the PDF
Q&A:

Interested persons and their role in decision-making (sufficient interest); Interaction between a forensic order (disability) (FO(D)) and a treatment authority (TA); Limits on revocation of a forensic order (FO) unfitness (FFT).

Click here to view the Q&A PDF
02/2020
Communique:

Human rights featured: Privacy; Recording human rights considerations on member deliberations (MD); Record of proceeding (ROP) vs member deliberations (MD); Meaning of doctor; Independent Patient Rights Advisors (IPRA) attending a hearing; New resources (Article: Schizophrenia study finds evidence of reduced links between brain cells, Queensland Productivity Commission report regarding inquiry into imprisonment and recidivism).

Click here to view the PDF
Q&A:

New MHRT members; Competency spotlight: Decision making; New resources (Hearing guides, Members Handbook); Office of the Public Guardian (OPG) attendance by phone; Using CMR from a remote location; Determining attendees at hearing; Adjournments - informing the MHRT office; Documents handed up at hearing indicated on the record of proceeding (ROP); Decision paperwork transition to web portal.

Click here to view the Q&A PDF
01/2020
Communique:

Upcoming learning and development opportunities; Human rights implementation; Adjourning for further material; New appeal - AppealtoMHC014: submission of voluminous documents and matters of natural justice; Articles: An end to coercion rights and decision-making in mental health care, Human rights framework an ethical imperative for psychiatry.

Click here to view the PDF
Q&A:

Member Competencies and Learning and Development Framework; Human Rights Act implementation; New Mental Health Court Judge (MHC); Member recruitment update; Driving and mileage; Database (Resolve) project web portal date changes; Proximity access card audit; Parking.

Click here to view the Q&A PDF
10/2019
Communique:

Human rights update (preparation for Act commencement); Meaning of on the papers (s746); Treatment authority (TA) conditions); Least restrictive vs less restrictive way; Electroconvulsive therapy (ECT) RANZCP (College) Guidelines; Jets Law: medical conditions that affect a persons ability to drive safely; Article: Cannabinoids for the treatment of mental disorders and symptoms of mental disorders: a systematic review and meta-analysis.

Click here to view the PDF
Q&A:

Competency spotlight: Conduct of hearings; Updated work health and safety (WH&S) policies and procedures; Choice and Medications website easy to understand information on medications; Member appointment; Review of patient by an authorised doctor; Provision of particular information to Chief Psychiatrist; Record of proceedings (ROP) using the template; Lists keep to allocated hearing times; Work health and safety (WH&S) mandatory training; MHRT web portal new electronic processes;

Click here to view the Q&A PDF
09/2019
Communique:

Communication tips - Tips for giving and receiving feedback; Human rights update (Act commencement); Learning and Development Committee update; Resource: Mental Health Academy; Reminder about the use of Q&A information.

Click here to view the PDF
Q&A:

Competency spotlight: Communication; Work health and safety (WH&S) mandatory training; Legal representatives - Legal Aid Queensland (LAQ) guidelines and case management standards; Use of mobile phones in hearings; Responding to masterclass invitations; Returning decision paperwork; Delivering Electroconvulsive therapy (ECT) decisions in a timely way; Staff expense claims; Mileage claims; Proximity access card audit; Statement of reasons (SOR) payments.

Click here to view the Q&A PDF
08/2019
Communique:

Learning and Development Committee update; Human Rights Act implementation update; Electroconvulsive therapy (ECT) application where patient has capacity; Statement of reasons (SOR) tips; Review of the Administrative Appeals Tribunal (AAT).

Click here to view the PDF
Q&A:

Competency spotlight: Operation of the Mental Health Act 2016 (MHA2016); Work health and safety (WH&S) training; New resources (Information sheet: Communication techniques person with an intellectual disability, Classified patients; Hearing guide: Non-ablative neurosurgical procedures (NANP)); Monthly Stats August 2019; MHRT orders - orders vs instructions for staff the record of proceeding (ROP); Sick or unavailable close to your hearing day; Hearing list using the final list; Mileage claims; Staff expense claims.

Click here to view the Q&A PDF
07/2019
Communique:

Human rights legislation update; Tribunal ordered examinations (TOE); Case study sessions; Receipt of notice when patient is absent without authority (AWA) (s728); Provision of notices to a nominated support person (NSP) (s287); Discharge / Transition Co-ordinator role; Should patient attend the hearing if no member of the treating team is present; Should the MHRT contact a patient by phone for a hearing; Urine drug screens (UDS) where patient openly acknowledges using cannabis; Clinical reports and confidentiality (CO); Law report: Who judges the judges.

Click here to view the PDF
Q&A:

Competency spotlight: Administrative law; Upcoming learning and development opportunities; Monthly Stats July 2019; PPO (prescribed offence) ratings; Statements of reasons (SOR) email account and processing times; Hearing lists use of final list; Unwell patients at hearings; Database (Resolve) upgrade project update; Staff expense claim.

Click here to view the Q&A PDF
06/2019
Communique:

Applying Mental Health Court (MHC) cases in MHRT decision making; Second opinion for electroconvulsive therapy (ECT) cases; Limited community treatment (LCT) at the Forensic Disability Service (FDS); Treatment authorities (TA) questions of capacity; Statement of reasons (SOR) and findings; Book reviews: The Heartline - Finding and losing schizophrenia; The Collected Schizophrenias; Articles: Genetic link to anorexia nervosa.

Click here to view the PDF
Q&A:

Operational planning; YouTube video: Ted Talk Eleanor Longden experience with schizophrenia; Monthly Stats June 2019; Human rights legislation update; Multiple parties on videoconference including a patient in correctional centre (prison); Tribunal ordered examination (TOE) doctors.

Click here to view the Q&A PDF
05/2019
Communique:

Statement of reasons (SOR) distribution to all panel members; Publication of Mental Health Court (MHC) decisions; Patient attends the hearing after deciding to proceed (s747); Human rights legislation update; Provision of legal representation for consideration of a victim impact statement (VIS); Office of Public Guardian (OPG) representatives at hearings; Annual Council of Australasian Tribunals (COAT) conference; Book review: The Intelligence Trap Why smart people do stupid things and how to make wiser decisions, All in the Mind.

Click here to view the PDF
Q&A:

Case study sessions (survey); Practice Direction - Legal representatives at hearings; Member contributions to communique; Member facilities in MHRT office; Work health and safety (WH&S) mandatory refresher training; Attendance at Mental Health Court (MHC); Interpreters; Prisoner (correctional centre) patients and bridge bookings; Same panel member requests; Payment summaries; Staff expenses and Cabcharge; Practising touch typing.

Click here to view the Q&A PDF
04/2019
Communique:

Considering electroconvulsive therapy (ECT) applications when advance health directive (AHD) exists; Two member panels; Importance of a consultative approach to hearings; Therapeutic jurisprudence.

Click here to view the PDF
Q&A:

Vicarious trauma training; Member appointment; Electronic audio recording; Authorised Mental Health Service (AMHS) feedback; Accessing emails (Office365 shortcut); Practice touch typing; IT training and support.

Click here to view the Q&A PDF
03/2019
Communique:

Raising a question of law (s753); Increased treatment in the community; Prescence of a treating psychiatrist at a hearing; Legal representation lawyer acting for mother of a minor; Fitness for trial (FFT) change from forensic order (FO) to treatment support order (TSO); When can the Office of the Public Guardian (OPG) participate in a hearing.

Click here to view the PDF
Q&A:

Decisions from Mental Health Court (MHC); Human rights legislation update; Cultural considerations survey; Community members workshop; Publication of statement of reasons (SOR); Mandatory reporting; Data from Mental Health Court (MHC) since introduction of the Mental Health Act 2016 (MHA2016); After hours notification; Emails with Hearings Coordinators are saved on patient record; Decision paperwork to be returned as soon as possible, Adjournments require both record of proceeding (ROP) and member deliberations (MD) to be completed; Phone audit; Parking.

Click here to view the Q&A PDF
02/2019
Communique:

Patients number of legal representatives; Making a treatment support order (TSO) after revocation of a forensic order (FO) (mental health) where a person as a disability; Treatment support order (TSO) is a decrease in supervision / monitoring necessary; When and why to order a Tribunal ordered examination (TOE); Electroconvulsive therapy (ECT) is lack of capacity an assumption we make; Transcranial magnetic stimulation (TMS); Extended Forensic Treatment and Rehabilitation Unit (EFTRU) at The Park.

Click here to view the PDF
Q&A:

Queenslanders with Disability Network; Statement of reasons (SOR) templates; President and Deputy President sittings; PPO (prescribed offence) ratings; Accepting masterclass attendance; Handwriting decision paperwork; Website update for Authorised Mental Health Services (AMHS); New resources (Information sheets: Natural justice for AMHSs; Checklist for clinicians preparing for a hearing; What do I write guide; Intellectual disability and the Forensic Disability Act; Dispensing with legal representation); Full-time member appointment; Sector Lector Magazine; Recording times of hearings on record of proceedings (ROP); New South Wales (NSW) Victim support service (VSS); Including Indigenous acknowledgement in email signature block; Database (Resolve) enhancement project; Soundproofing office.

Click here to view the Q&A PDF
01/2019
Communique:

Prison Mental Health Services (PMHS); Restoration off forensic orders (FO); Findings by Mental Health Court (MHC) that are split between unsound mind and not fit for trial (FFT); Doctors view of systemic issues in their evidence; Confidentiality requests (CO s722).

Click here to view the PDF
Q&A:

Member appointment; Hearing guides and question guides; Electroconvulsive therapy (ECT) patients history of ECT; Media reports; Provision of particular information to the Chief Psychiatrist (PPI) form; Childrens Health Queensland and Independent Patient Rights Advisors (IPRA); Electronic audio recording project;

Click here to view the Q&A PDF
12/2018
Communique:

Recording adjournment reason on record of proceeding (ROP); Attendance notices and notices to produce (s744); Community Forensic Outreach Service (CFOS) liaison and referral; Hearing conduct (behaviour); Allowing the doctor to change the category of a forensic order (FO); Change to Chief Psychiatrist Guideline for Administration of Electroconvulsive Therapy (ECT); Transfer agreement with New South Wales (NSW).

Click here to view the PDF
Q&A:

PPO (prescribed offence) ratings; New resources (who is entitled to attend hearings; who is entitled to a hearing notice); Publication of deidentified statement of reasons (SOR); New MHRT website; Medical cannabis update.

Click here to view the Q&A PDF
11/2018
Communique:

Length of confidentiality orders (CO); Consent to electroconvulsive therapy (ECT) when on a treatment authority (TA); Completion of record of proceeding (ROP) and member deliberations (MD); Allowing a doctor to change the category and associated conditions on a forensic order (FO); Filing of historical documents if a treating team wants to rely on an old document; Meaning of supervision in conditions.

Click here to view the PDF
Q&A:

Statement of reasons (SOR) administrative matters; Record of proceedings (ROP) and member deliberations (MD) tips for completion; Publishing deidentified statement of reasons (SOR); Soundproofing in MHRT office; Member contact details; Mileage claims and staff expense claims; IT troubleshooting.

Click here to view the Q&A PDF
10/2018
Communique:

Transfers within Queensland (s456, s427, s479); Electroconvulsive therapy (ECT) and meaning of course; Revocation from treatment support order (TSO) to treatment authority (TA); Report to Director of Public Prosecutions (DPP) on finding of unfitness for trial (FFT); Procedural fairness and statement of reasons (SOR): Western Australia (WA) Tribunal decision what to include in SORs (Lal v Medical Board of Australia); Ruling lines on decision sheets.

Click here to view the PDF
Q&A:

Mid-term reviews; Scheduling of members for hearings; Expectations of presiding members; Annual report; Application review matters deferral of periodic review; Victim related forms (PPI) (VIS); Moving members between hearings; Use of abbreviations for Aboriginal and Torres Strait Islander people; Transition to Office365; MHRT website update.

Click here to view the Q&A PDF
09/2018
Communique:

Dual disability (s457) and change to forensic order (FO); Constituting the same panel again; Speaking on behalf of, or representing, the MHRT; Dispending with legal representation; Treatment authorities (TA) when, and by whom, a patient must be assessed (s205).

Click here to view the PDF
Q&A:

Mid-term reviews; Forensic disability masterclass; Mentoring; Employee Assistance Service (EAS); Interpreters; Requests for previous statements of reasons (SOR); Applicant reviews deferral of periodic review; Use of tolls when driving.

Click here to view the Q&A PDF
08/2018
Communique:

Patient attending a hearing alone; Meaning of doctor for electroconvulsive therapy (ECT) applications; Multiple electroconvulsive therapy (ECT) applications; Confidentiality of examination authority (EA) applications; Elect to be tried; The role of the Chief Psychiatrist in interstate transfers; Relevant of material for a hearing deciding which documents are required.

Click here to view the PDF
Q&A:

New members and new member induction; Member remuneration; Judicial Council of Cultural Diversity and Cultural Diversity e-learning; Scheduling and checking MHRT emails; Providing feedback in relation to hearings and processes; Office refurbishment.

Click here to view the Q&A PDF
07/2018
Communique:

Treatment authority (TA) review by an authorised doctor (s205); New hearing guides; Information for victims (increase extent of treatment in the community) (PPI); Preparedness for hearings; Citing Mental Health Court (MHC) restricted access decisions.

Click here to view the PDF
Q&A:

Mid-term review; Recovery orientated language guide; Results of surveys (lunch breaks, preparation time; topics for workshop on good hearing practices); New resource (Information sheets: abbreviations and acronyms, diagnoses, evidence flow, preparation of statements of reasons (SOR) confidentiality considerations, treatments; Flow charts: confidentiality order (CO) possible process, victim impact statements (VIS) possible process; Statement of reasons (SOR) templates); Recommended TED Talks: Toward a new understanding of mental illness, How electroshock therapy changed me, A tale of mental illness from the inside; eHealth IT service hotline; Hearings list new look; Transfer of patients MHRT receiving notification; Requests for adjournments; List of Achievements MHRT office; Refurbishment of MHRT office.

Click here to view the Q&A PDF
06/2018
Communique:

Reluctant or inconsistent witness; Tribunal ordered examinations (TOE); Attendees recording MHRT hearings; Tips for good hearing practices; Hearing notice to the Office of the Public Guardian (OPG) (s287).

Click here to view the PDF
Q&A:

Council of Australasian Tribunals (COAT) conference; Work health and safety (WH&S) mandatory training; Security in the MHRT office; Attendance at hearings by Office of the Public Guardian (OPG); Victim submission (VIS) / Information notice (IN) checklist; Two member panel approvals; Requests for adjournments; Systems migration; Database (Resolve) upgrade project

Click here to view the Q&A PDF
05/2018
Communique:

Council of Australasian Tribunals (COAT) conference; Yarning sessions; Forensic order decision paperwork for both (mental health) and (disability) types.

Click here to view the PDF
Q&A:

Click here to view the Q&A PDF
04/2018
Communique:

Limited community treatment (LCT) a decision silent on LCT for an inpatient means up to 7 nights. The Tribunal needs to order no LCT if that is the intention; Naming conventions for Community Forensic Outreach Service (CFOS) reports; Appeals: listed in section 29, otherwise judicial review may be available; Section 421 vs section 420 less restrictive way; Translation of documents; Reading a clinical report to a patient and views wishes and preferences on that basis; Where electroconvulsive therapy (ECT) is approved, can the number of ECT treatments and the period in which they are given be varied by the Tribunal; Record of deliberations; Jets law

Click here to view the PDF
Q&A:

Special Tribunal (ineligible member); Forensic dossiers content; Resources relevant for Indigenous patients; Third party resources relating to accessing the NDIS with a mental health concern; Providing instructions to Hearings Coordinators on record of proceedings (ROP): Adjournments under s730 (AWA), Next hearing after applicant review and deferral of periodic review. Follow me desktop trial.

Click here to view the Q&A PDF
03/2018
Communique:

Section 420 and less restrictive way (personal guardian); Learning and Development Committee; Section 199 (person in custody); Revocation of Treatment support order (TSO) and make treatment authority (TA); Acknowledgement of Traditional Custodians (Acknowledgement of Country).

Click here to view the PDF
Q&A:

Appointment to District Court Nathan Jarro; Private use of email accounts; Presentations to third parties; Quarterly data publication; Two member panels; Tribunal ordered examinations (TOE) list of practitioners; New member induction; Treatment authority (TA) 3rd review hearing time (s420); Follow me desktop trial.

Click here to view the Q&A PDF
02/2018
Communique:

Decision conditions tables; Surveys to members; Statements of reasons feedback; New format of hearings schedule and determining a hearings schedule; Restrictive practices report from the Office of the Public Guardian (OPG); Member details update; Complex password resets.

Click here to view the PDF
Q&A:

Click here to view the Q&A PDF
01/2018
Communique:

Hearing management processes and tips; Legal representative representing views, wishes and preferences and best interests (s739); Tribunal examination order (TOE s721) considering the purpose of the report; Issuing attendance notices to whom and why (s744); The Public Advocate (OPA) powers and attendance at hearings.

Click here to view the PDF
Q&A:

Member Competencies; Member availability updates; Passing on feedback from stakeholders; Members resources online; Recording reasons and attendees for adjournments on the record of proceeding (ROP); Acknowledging Traditional Customs cards; Victim Support Service (VSS) Michael Power report in relation to restorative justice in forensic mental health.

Click here to view the Q&A PDF
12/2017
Communique:

Click here to view the PDF
Q&A:

Yarning sessions; Acknowledging Traditional Custodians (Acknowledgement of Country); Conflict notifications; Table of decision conditions; Community Forensic Outreach Service (CFOS) reports and confidentiality (CO); Combining forensic orders in accordance with regulation.

Click here to view the Q&A PDF
11/2017
Communique:

Combining forensic orders under regulation; Statements of reasons - tips and administrative matters; Introductory remarks by presiding members; Personal comments or advice to patients or treatment teams; Deciding category - inpatient or community and matters of timing of discharge; Appeals against visitor exclusion by Administrator; Public Guardian (OPG) notice and attendance at hearing; Revocation of forensic order (disability) (FO) and whether a treatment support order (TSO) can be made.

Click here to view the PDF
Q&A:

Mental Health Act (MHA2016) evaluation; Panel constitution for PPOs (prescribed offences); Second opinions for electroconvulsive therapy (ECT); Information provided to AMHSs regarding treatment support orders (TSO); Timing for provision of hearings material; Listing times for hearings; Adjournments and recording reasons on the record of proceeding (ROP).

Click here to view the Q&A PDF
10/2017
Communique:

Victim impact statements (VIS) decisions under s743, disclosure to the lawyer for the patient.

Click here to view the PDF
Q&A:

Transitional provisions in the Mental Health Act (MHA2016) and patients required to return (s759, s364); Conflict notification; Use of MHRT emails and public records; Annual report; Forensic Liaison Officer (FLO) symposium; Follow me desktop trial.

Click here to view the Q&A PDF
09/2017
Communique:

Adjournments - the general power to adjourn, in what circumstances is adjournment appropriate (at least 7 days), adjournments for longer than 28 days.

Click here to view the PDF
Q&A:

Approvals for two member panels; Vacating vs adjourning a hearing; Assessment and Risk Management Committee (ARMC) minutes; Mental Health Act (MHA2016) evaluation; Applicant reviews and deferral of periodic review.

Click here to view the Q&A PDF