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Forensic Disability Act 2011 – 1 July 2014

Forensic Disability Regulation 2011 – 1 January 2012

Summary

A senior practitioner (appointed pursuant to this Act) must ensure an individual development plan is prepared for a forensic disability client. Pursuant to section 10 of the Act, a ‘forensic disability client’ is an adult with an intellectual or cognitive disability for whom a forensic order (Mental Health Court—Disability) is in force for the person’s detention in the forensic disability service. The plan to be prepared for the forensic disability client is to be prepared in consultation with the client, the guardian/informal decision-maker and anyone else the senior practitioner considers to be integral to the plan’s preparation. The plan is to have regard to policies and procedures made under this Act and must take into account any relevant plans or advance health directive for the client. For the definition of ‘relevant plans’, refer to subsection 14(6) of the Act. An individual development plan must include an outline of the proposed arrangements for the provision of programs or services for promoting the client’s development, habilitation, rehabilitation and quality of life. For the full content requirements, refer to section 15 of the Act.

  • Sections 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 22, 73, 101, 102, 145, Schedule 2

After a forensic disability client is admitted to the forensic disability service, the administrator (of the service) must a give statement of rights to the client and their allied person. For the definition of ‘allied person’, refer to section 23 of the Act.

  • Sections 23, 24, 25, 29, 30, 98, 141, 147, 148, 150, 154

A legal or other adviser for a forensic disability client detained in the forensic disability service may visit the client at any reasonable time of the day or night.

  • Sections 32, 82

The Director of Forensic Disability may, by written notice, approve the absence of a forensic disability client from the forensic disability service: to receive medical, dental or optical treatment; to appear before a court, tribunal or other body; or for another purpose the director considers to be appropriate on compassionate grounds.

  • Sections 9, 41, 85, Schedule 2
Reason for law

To provide for the involuntary detention, and the care and support and protection, of particular people with an intellectual or cognitive disability. (Long title of Act)

Relevant links

Mental Health Review Tribunal (MHRT)
Public Forms
Brochures
AMHS Locations

Critique

The Schedule to the Regulation is additional information which could be removed.

Suggested further reading

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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