Chapter Contents

Last updated 24 January 2025click to download a pdf of this chapter

The Meaning of Mental Illness
The Mental Health Act and Other Legislation
Mental Illness and the Criminal Law
The Mental Health Court
The Mental Health Review Tribunal
The Chief Psychiatrist
Mental Illness and Consent to Treatment
Treatment Criteria to Justify Involuntary Treatment
Involuntary Treatment for People with Mental Illness
Assessment and Treatment for People with Mental Illness Living in the Community
Assessment and Treatment for People with Mental Illness before a Court or in Custody on Criminal Charges
Psychiatrist Reports for Patients Charged with Serious Offences
Powers of Courts Hearing Criminal Matters
References to the Mental Health Court in Criminal Matters
Findings the Mental Health Court may make on a Reference
Forensic Orders and Treatment Support Orders
Reviews by the Mental Health Review Tribunal
Appeals under the Mental Health Act
Regulated Treatments
Prohibited Treatments
The Use of Restraint and Seclusion
Appointing a Nominated Support Person
Interstate Mental Health Laws
Mental Illness and Legal Capacity

Mental illness is as much an illness as physical illness and affects people in the community from all walks of life. Mental illness is diagnosed by psychiatrists who consider the patient’s mood, behaviour and appearance, the symptoms they are experiencing, and the results of tests. In making a diagnosis, psychiatrists essentially categorise symptoms to decide what description best fits the person’s mental disorder.

In a great many cases, people who suffer from a mental illness receive treatment in the same way that physical conditions are treated, and no special laws apply. People with mental illness have the same legal rights and obligations, and are subject to the same laws as the rest of the population.

However, in some circumstances, people with a mental illness can be required to have involuntary treatment under a treatment authority, either in hospital or in the community. There are specific laws that determine when a treatment authority can be made, and regulate treatment and the rights and obligations of patients.

There are also laws that relate to the effect that a defendant’s mental illness or intellectual disability may have in criminal proceedings. If a defendant is found to have been of unsound mind at the time of certain offences or unfit for trial, a forensic order or a treatment support order can be made under which involuntary treatment and/or care is to be provided.

In Queensland, the Mental Health Act 2016 (Qld) (Mental Health Act) is the main piece of legislation that deals with these matters.