The Queensland Mental Health Bill 2015

The Queensland Mental Health Bill 2015 governs the way in which care and treatment is provided to people with a mental illness.

The Act recognises the role of family, carers and other support persons of a person who has a mental illness. To the greatest extent possible, family, carers, and support persons are to be involved in decisions about the person’s treatment and care, subject to the person’s right to privacy.

A mental illness is defined under the Act as a condition characterised by a clinically significant disturbance of mood, perception or memory.

A person is not considered to have a mental illness merely because they:

  • hold or refuse to hold a particular religious, philosophical or political belief or opinion; or
  • are a member of a particular racial group; or
  • have a particular economic or social status; or
  • have a particular sexual preference or sexual orientation; or
  • engage in promiscuity; or
  • engage in immoral or indecent conduct; or
  • take drugs or alcohol; or
  • have an intellectual disability; or
  • engage in antisocial behaviour or illegal behaviour; or
  • are or have been involved in family conflict; or
  • have previously been treated for a mental illness or been subject to involuntary assessment or treatment.

The above list however, does not preclude someone from having a mental illness. For example, a person may have a mental illness caused by taking drugs or alcohol, and a person may have a mental illness as well as an intellectual disability.

The decision that someone has a mental illness must be made in accordance with internationally accepted medical standards.