Last updated 31 January 2018

The Mental Health Court is constituted of a Supreme Court judge, who is assisted by two psychiatrists who sit beside the judge in court and provide advice to the judge about clinical matters.

The Mental Health Court has the jurisdiction to (s 639 Mental Health Act 2016 (Qld)):

  • hear references to it of a person’s mental state in relation to criminal matters and to decide issues of unsoundness of mind, diminished responsibility and fitness for trial
  • hear appeals from the Mental Health Review Tribunal
  • review the detention of persons in authorised mental health services or in the forensic disability service, and to decide whether the detention is lawful.