Last updated 24 January 2025

Assessment of people in custody

The Mental Health Act 2016 (Qld) (Mental Health Act) makes provisions for people in custody who may require assessment or treatment for mental illness to be transported to an authorised mental health service for that purpose. This can happen in various situations:

  • If a recommendation for assessment is made for a person who is in custody, the person can be transported to the inpatient unit of an authorised mental health service for assessment (s 65).
  • If a person in custody is subject to a treatment authority, a forensic order or a treatment support order, they can be transported to the inpatient unit of an authorised mental health service to receive treatment and care for their mental illness (s 66).
  • In certain circumstances, a person in custody who is not subject to a recommendation for assessment, a treatment authority, a forensic order or a treatment support order can be transported with their consent to the inpatient unit of an authorised mental health service to receive treatment and care for their mental illness (s 67).

Classified patients

A person who is transported from custody to the inpatient unit of an authorised mental health service in these situations becomes a classified patient (s 64 Mental Health Act). The classified patient provisions are intended to enable people in custody who are or become acutely unwell to be transferred to an authorised mental health service so that they can receive appropriate care and treatment.

A person stops being a classified patient if later returned to custody (s 83 Mental Health Act), or if the Mental Health Court makes a decision on a reference in relation to the person (s 84 Mental Health Act).

The Mental Health Act also makes provisions for a person who has been transported under these provisions to an authorised mental health service to remain there if it is considered clinically appropriate (s 74 Mental Health Act), or to be returned to custody (ss 82, 671 Mental Health Act).

Court examination orders made by the Mental Health Court

Another situation in which a person who is in custody can be transferred to an authorised mental health service is when the person is the subject of proceedings in the Mental Health Court. If the court orders that the person be examined by a stated psychiatrist (a court examination order), the person may in certain circumstances be transported to an authorised mental health service for that purpose (ss 74, 670, 671 Mental Health Act).

Other orders for detention

There are a number of other specific situations in which a court can order that a person be detained in an authorised mental health service. For example under section:

  • 124(1)(b) of the Mental Health Act, an order can be made by the Mental Health Court after a person has been found fit for trial, for the person’s detention until they are brought before the criminal court for continuing the proceeding
  • 183(c)(ii), an order for detention can be made by the Supreme Court or District Court when it makes a reference to the Mental Health Court
  • 193(2), an order can be made by the Supreme Court, District Court or Magistrates Court for a defendant’s detention during their trial
  • 544(4), an order for detention can be made by the Mental Health Court when it grants a stay on an appeal from the Mental Health Review Tribunal
  • 551(4)(b), an order for detention can be made by the Court of Appeal when it sets aside a decision of the Mental Health Court and returns the matter for further determination.

These are referred to as ‘judicial orders’ in the Mental Health Act (see s 11 of the Mental Health Act).