Victim support
The Mental Health Act 2016 supports victims of crime when the offender has been assessed as having a mental illness or intellectual disability. These provisions include entitlements for victims to receive specific information about the patient that is relevant to their safety and wellbeing.
The Chief Psychiatrist, Queensland is responsible for providing relevant information to victims.
Support for victims under the Mental Health Act 2016 includes:
- Queensland Health Victim Support Service
- Information notices
- Classified patient information
- Appeals against Chief Psychiatrist decisions
- Victim impact statements
Queensland Health Victim Support Service
The Queensland Health Victim Support Service (QHVSS) is a free, state-wide service that provides specialised counselling, information and support to victims of crime when the offender has been assessed as having a mental illness or intellectual disability. The QHVSS operates independently of the Chief Psychiatrist’s office. The Chief Psychiatrist sends all information to registered victims via the QHVSS.
Phone: (07) 3858 4411 or free call 1800 208 005
Email: Victim.Support@health.qld.gov.au
Website: www.health.qld.gov.au/qhvss
Information notices
An Information Notice allows the Chief Psychiatrist to provide specific information about a patient on a forensic order or a treatment support order, to a victim or other person affected by an unlawful act. The types of information provided under an Information Notice are explained in the support for victim’s factsheet (PDF 1158 kB).
An application for information should be made to the Chief Psychiatrist via the Queensland Health Victim Support Service on the Application for Information Notice form (PDF 4796 kB).
The applicant may wish to nominate a person to receive the information on their behalf by completing the relevant section on the application form. A request for nominee can be made at any time after the Information Notice is made via the Amendment of notice to change applicant’s nominee form.
The Chief Psychiatrist must NOT tell the relevant patient that the Information Notice has been made. However, the applicant may request that the relevant patient is told about the Information Notice by completing the relevant section on the Application for Information Notice form (PDF 4796 kB). If a request is made that the patient is to be notified of the Information Notice, the Chief Psychiatrist must first decide whether telling the patient is appropriate.
All information provided to approved applicants under an Information Notice must remain confidential. If information is shared with the public, e.g. published on social media, the Information Notice may be cancelled and a fine may be issued.
The Queensland Health Victim Support Service is available to assist with applications for Information Notices. Call (07) 3858 4411 (free call 1800 208 005) or email victim.support@health.qld.gov.au.
What if the alleged offender has an intellectual disability?
The provisions for Information Notices also apply to people with an intellectual disability being cared for under the Forensic Disability Act 2011. Decisions about release of information to victims in relation to people with intellectual disability residing in the Forensic Disability Service are made by the Director of Forensic Disability, not the Chief Psychiatrist. Once the decision is made, all information under the Information Notice (Forensic Disability Client) is provided via the QHVSS.
An application for information about a forensic disability client should be made to the Director of Forensic Disability on the Application for Information Notice form (PDF 4796 kB).
Further information about making an application for Information Notice in relation to a Forensic Disability Client is available from the QHVSS. Call (07) 3858 4411 (free call 1800 208 005) or email victim.support@health.qld.gov.au.
Related resources
| Forms | Application for Information Notice |
| Amendment of notice to change applicant’s nominee (Pending) | |
| Factsheets | Support for victims (PDF 1158 kB) |
| Forensic orders (PDF 87 kB) | |
| Treatment support order (PDF 74 kB) | |
| Individuals with an intellectual disability (PDF 190 kB) | |
| Mental Health Act 2016 provisions |
Chapter 10, Part 6 Information notices |
| Schedule 1 |
Classified patient information
The Chief Psychiatrist may disclose particular information to a victim or other person affected by an unlawful act relating to a person admitted to an authorised mental health service from a court or place of custody (classified patient). The types of information provided about classified patients are explained in the Victim information - Classified Patients factsheet (PDF 1038 kB).
The Queensland Health Victim Support Service is available to assist with Applications for Classified Patient Information. Call 3858 4411 (free call 1800 208 005) or email victim.support@health.qld.gov.au.
Related resources
| Forms |
Application for Classified Patient Information Print (PDF 466 kB) Online (PDF 1040 kB) |
| Factsheets | Support for victims (PDF 1158 kB) |
| Classified patient provisions (PDF 504 kB) | |
| Victim information - Classified Patients (PDF 1038 kB) | |
| Mental Health Act 2016 provisions |
Chapter 17, section 783 Disclosure of particular information relating to classified patient |
Appeals against Chief Psychiatrist decisions
An appeal is started by filing a Notice of Appeal with the Mental Health Review Tribunal within 28 days of receiving the written decision from the Chief Psychiatrist. The appeal must be in the approved form and state in full the reasons for which the appeal is made. The appeal may be lodged by mail or emailed to the Tribunal.
Mail: PO Box 15818, City East Brisbane QLD 4002
Email: enquiry@mhrt.qld.gov.au
Website: www.mhrt.qld.gov.au
Phone: (07) 3235 9059 or free call 1800 00 6478 (1800 00 MHRT)
Further information on how to make an appeal is available from the QHVSS, call 3858 4411 (free call 1800 208 005)or email victim.support@health.qld.gov.au.
Related resources
| Forms | Notice of Appeal – Available from the MHRT Website |
Victim impact statements
A victim or close relative of a victim can give information to the Mental Health Court (Court) and the Mental Health Review Tribunal (Tribunal) about the impact of the relevant offence and/or make requests relevant to their own safety and wellbeing, for example, that the patient must not contact them.
The Court must consider the victim impact statement in deciding matters for the patient such as the order to make and the conditions on the order. The Court must then provide a copy of the victim impact statement to the Tribunal.
The Tribunal is required to consider the victim impact statement at each review of the patient’s order. Once the victim impact statement is given to the Tribunal by the court, another victim impact statement is not required, however, a new one may be submitted at any time if the person wishes to do so.
The Queensland Health Victim Support Service is available to assist with making a victim impact statement to the Mental Health Court or Mental Health Review Tribunal. Call 3858 4411 (free call 1800 208 005) or email victim.support@health.qld.gov.au.
Related resources
| Fact sheets | Support for victims (PDF, 502kB) |
| Mental Health Act 2016 provisions |
Chapter 5, Part 5, Division 3 Victim impact statements |
|
Chapter 12, Part 3, Section 432(1)(c) Matters to which Tribunal must have regard | |
|
Chapter 16, Part 2, Section 742 Mental Health Review Tribunal – Victim Impact Statement |