Actions in Respect of Forensic Disability
| Nature of action | Time Limit Period | Legislation | Provision |
| Appeal to the Mental Health Review Tribunal against a decision of the administrator of the forensic disability service to refuse to allow a person to visit a forensic disability client in the forensic disability service. | The notice of appeal must be given within 28 days after the appellant is given the decision notice or if they are not given a decision notice, 28 days after they become aware of the decision.
The tribunal may, at any time, extend the time for giving the notice of appeal. |
s 84 Forensic Disability Act 2011 (Qld)
s 534 Mental Health Act 2016 ( Qld) |
The procedure for appeal in respect of a forensic disability client under the Forensic Disability Act 2011 (Qld) is to be started and carried out in the way stated in the Mental Health Act 2016 (Qld), ss 534 to 537 (s 84 Forensic Disability Act 2011 (Qld)) |
| Appeal to Mental Health Court against decision of the Mental Health Review Tribunal. | Within 60 days after the appellant receives written notice of the Tribunal’s decision. | s 541 Mental Health Act 2016 (Qld) | |
| Proceedings for an offence against the Forensic Disability Act 2011 (Qld). | Proceeding must start within 1 year after the offence is committed.
OR within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after commission of offence. |
s 127 Forensic Disability Act 2011 (Qld) | A proceeding for an offence against the Forensic Disability Act must be taken in a summary way under the Justices Act 1886. |