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All states in Australia have provisions for determining unsoundness of mind (referred to as 'mental impairment' in other states) and fitness for trial in mentally ill offenders.
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Queensland is the only state in Australia to have a dedicated court - the Mental Health Court - to deal with mentally ill offenders.
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The Mental Health Court is constituted by a Supreme Court Judge. The Judge is assisted by two experienced psychiatrists who advise the Judge on the psychiatric evidence.
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Rather than an adversarial system in which the side who puts forward the stronger case wins, the Mental Health Court is an inquisitorial body. This means that the court seeks to establish the 'truth' with the assistance of clinical experts.
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The Australian Health Ministers funded the development of a model for mental health legislation, which was completed in 1994. In Queensland, our legislation complies with this model for mental health legislation.
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The Mental Health Act 2000 (Qld) includes processes enabling interstate agreements to be made in the event a patient leaving the state without permission who has to be returned.
For general facts on mental illness and violence, refer to the Mindframe Resource
Click here for general facts and statistics on mental illness
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