Treatment and care for patients at authorised mental health services

The Mental Health Act 2016 sets out the legal framework for the involuntary treatment and care of people with mental illness in Queensland. It applies to involuntary patients as well as voluntary patients who are admitted to authorised mental health services.

Anyone using a power or function under the Act for a person must promote the person’s safety and welfare, and the safety of others.

The Chief Psychiatrist has developed a range of policies and resources to support authorised mental health services compliance with the Act. The policies also promote recovery-based treatment and care for patients.

Authorised mental health services must comply with the Mental Health Act 2016 and the Chief Psychiatrist's policies.

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Patient treatment and care

Treatment and care of people under the Mental Health Act 2016 must be achieved in a way which:

  • safeguards a person’s rights
  • is least restrictive of the person’s rights and liberties
  • promotes the recovery of the person.

The following policies and topics set out how treatment and care should be delivered and outlines patient rights under the Act.

  • Treatment and care

    Learn about the 'less restrictive way', community and recovery-oriented treatment and care, and find guidance for higher risk patients under the Mental Health Act 2016.

  • Patient rights

    The Mental Health Act 2016 has extensive safeguards for the treatment and care of patients. Learn about Independent Patient Rights Advisers, support persons and find patient rights brochures, fact sheets and videos.

  • Children and minors

    There are extra protections for treating children and young people under 18. Learn about consent for minors and when to notify the Public Guardian about admissions to an authorised mental health service.

Involuntary assessment and treatment

The Mental Health Act 2016 promotes voluntary treatment wherever possible. For patients who don't have capacity to consent, the Act allows involuntary treatment to be authorised if strict criteria are met.

The following policies and topics set out the criteria and processes to start an examination. The policies also outline how authorised doctors can decide if involuntary treatment is needed.

Mental conditions and the criminal justice system

The Mental Health Act 2016 sets out pathways for diversion and treatment and care of persons who:

  • have a mental illness or intellectual disability, and
  • have been charged with an offence.

The Act protects both patient rights and the safety of the broader community. The Act is also designed to divert people with a mental illness from the criminal justice system where they require treatment and care.

The following policies and topics set out how to provide treatment and care for people who interact with the criminal justice system.

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  • Persons charged with offences or in custody

    Learn how and when to prepare psychiatrist reports for patients charged with an offence or find out about transferring patients from custody.

  • Treatment support orders and forensic orders

    Forensic orders and treatment support orders may be made for people diverted from the criminal justice system. Learn more and read our treatment and care guidelines.

  • Support for victims of crime

    The Mental Health Act 2016 supports victims of crime when the offender has been assessed as having a mental illness or intellectual disability. Learn about victim rights to information and support.

Regulated treatments

The Act regulates the use of electroconvulsive therapy (ECT) and non-ablative neurosurgical procedures, such as deep brain stimulation.

  • Clinical need for medicines

    Medicines can be used to sedate and calm patients in certain circumstances. Find out about the policy and clinical guidelines for the safe use of medications.

  • Seclusion and restraint

    Strict criteria which must be followed if seclusion or restraint is used. Learn about requirements for seclusion, physical and mechanical restraint and preparing plans to reduce and eliminate the use of seclusion and restraint.

Transfers, transport and security

The following Chief Psychiatrist topics and policies set out how authorised mental health services:

  • coordinate patient transport and transfers
  • respond to absences by involuntary patients
  • conduct and authorise searches of patients, property or visitors at an authorised mental health service.

  • Transport and absence without leave

    Learn about coordinating and managing patient transport and transfers between authorised mental health services and what to do if an involuntary patient is absent without approval.

  • Transport powers for police

    The Mental Health Act 2016 authorises ambulance officers and police to transport people for mental health assessments or treatment in certain circumstances. Find out more and view the guidelines.

  • Searches and security

    ​Searches under the Mental Health Act 2016 may be authorised in specific circumstances for patients and their property, as well as for visitors and visitors’ property. Learn about the types of searches, and when and how a search must be conducted.

Administration and compliance with the Mental Health Act 2016

The Mental Health Act 2016 sets out the reporting and administration requirements for authorised mental health services. It also sets out how health practitioners and doctors can be appointed to use functions or powers of the Act.

The following policies and topics set out how the Act is administered in Queensland.

  • Reporting and administration

    There are strict reporting requirements that authorised mental health services must follow. Learn when to report critical incidents, non-compliance with the Mental Health Act 2016 and how to manage patient health records.

  • Authorised mental health services (AMHS), administrators and doctors

    Learn about what authorised mental health services, authorised doctors, administrators and authorised mental health practitioners do and how they're authorised under the Mental Health Act 2016.

Contact us for support

Authorised mental health services can contact the Mental Health Act 2016 liaison service for advice and guidance on the:

Contact us

Last updated: 5 September 2024