The Mental Health Review Tribunal (the Tribunal) is responsible for conducting regular, independent reviews of forensic patients. These are individuals detained in authorised mental health services or, in some cases, high-security units for treatment or care under a forensic order.
What the Tribunal can do
The Tribunal has the authority to:
- discharge a forensic patient
- approve limited community treatment
- order the patient’s transfer to another hospital or removal from Queensland.
When making decisions, the Tribunal considers factors such as the patient’s treatment needs, security requirements, and the safety of the community.
Reviewing fitness for trial
If an alleged offender is temporarily unfit for trial, the Tribunal reviews their case:
- every three months during the first 12 months
- every six months after the first year.
If the person remains unfit for trial for three years, the criminal proceedings stop. For offences carrying a maximum life sentence, the period changes to seven years. If the person becomes fit for trial, the criminal proceedings resume.
Reviewing soundness of mind
When the Mental Health Court issues a forensic order because an alleged offender was of unsound mind at the time of the offence or is permanently unfit for trial, the Tribunal reviews the patient’s mental condition:
- within six months of the order
- at least every six months thereafter.
These reviews are in addition to the ongoing monitoring of the patient’s mental health as part of their treatment.
If the alleged offender is of unsound mind at the time of the offence, criminal proceedings are stopped. However, they may apply to go to trial by submitting a Form 18 - Notice of election to go to trial or (DOC, 65.5 KB) to the Attorney-General.
Limited community treatment
The Tribunal or Mental Health Court can approve limited community treatment, allowing the patient to live in the community under active monitoring by mental health services.
Treatment levels may include:
- escorted access to hospital grounds
- escorted leave off hospital grounds.
- day leave
- overnight leave
- extended leave beyond overnight stays.
Ensuring community safety
The Tribunal or Mental Health Court will only approve limited community treatment if the patient poses no risk to their own safety or the safety of others. They must consider:
- the patient’s mental state and psychiatric history
- social circumstances and response to treatment
- willingness to continue treatment
- the nature of the offences that led to the forensic order.
Conditions may also include restrictions on contacting victims or other specified individuals. If a patient breaches any conditions, the Tribunal or Mental Health Court can revoke the treatment order, and police may return the patient to the mental health facility.
Ending a forensic order
The Tribunal is the only body (apart from appeals to the Mental Health Court or Court of Appeal) that can revoke a forensic order. This can only occur if the patient meets strict criteria.
The Tribunal must assess:
- the patient’s mental state and psychiatric history
- social circumstances and response to treatment
- willingness to continue treatment
- the offences that led to the forensic order.
Notification of reviews
The Tribunal may notify individuals with a personal interest in the case, such as victims of crime or family members of the patient, about hearing dates and decisions.
To receive notifications, you can apply for a Forensic Patient Information Order through the Tribunal. Contact the Mental Health Review Tribunal for more information.
Once a decision is made, the Tribunal will inform you of the outcome and provide reasons.
Appealing a decision
Parties involved in a case can appeal the Mental Health Tribunal’s decision.
Support for Victims of crime
Victims of crime or concerned individuals can submit a sworn affidavit to the Director of Public Prosecutions for consideration by the Mental Health Court. This statement may be subject to a confidentiality order. Read how to make this statement.
The Mental Health Court may also make a non-contact order relating to the victim or concerned person.
Victims may also benefit from support services, including:
More information
For more information, contact the relevant support service or the Mental Health Review Tribunal.
