In Queensland, a decision that a person is not criminally responsible due to mental illness can be made at a jury trial in the Supreme or District Court.
However, usually a decision that a person is not criminally responsible due to mental illness is made by a superior court of record - the Mental Health Court. The Mental Health Court is constituted by the president of the court and other Supreme Court judges.
A person can be referred to the Mental Health Court in a number of ways. Most commonly, a reference is made by:
The reference to the Mental Health Court must be accompanied by a copy of an expert's report on the expert's examination of the person.