Proposed laws to extend maximum detention to 72 hours for mental health check

Concerns have been raised over proposed powers allowing a person to be detained for up to three days for a mental health examination.

The legislation would allow Queensland's chief psychiatrist to extend the maximum detention for a person accused of a serious crime from 24 to 72 hours.

The bill notes the psychiatrist should believe the detention might help with participation in the examination and anticipated the power would only be exercised in rare circumstances.

Health minister Tim Nicholls told state parliament there would be "several safeguards to ensure this power is exercised appropriately".

In a parliamentary submission, Aboriginal-led community organisation Sisters Inside, said the proposed laws would "deprive a person of their liberty before any Mental Health Court determination has been made".

"Every expansion of involuntary detention normalises coercion as the default response to mental distress and further erodes the principle that treatment should occur with a person's free and informed consent wherever possible," chief executive Debbie Kilroy said.

"For women who have already experienced imprisonment, involuntary detention frequently reproduces many of the same dynamics of surveillance, confinement, loss of autonomy, and institutional violence."

Regular checks vital

The Queensland Nurses and Midwives Union (QNMU) also expressed concern over the time frame.

"As this is a new power which has not been previously available, it is imperative that if this amendment is implemented, there must be strict safety provisions to ensure that individuals are not adversely affected by long periods of unnecessary detention.

"A person must not be detained for a long period of time due to workload issues, and without proper consideration, as the detention period could cause significant distress for the individual."

The QNMU recommended a review of the detainee every 24 hours at a minimum.

"It is critical to ensure that individuals undergoing the assessment are provided with an appropriate environment that is therapeutically aligned, and safe, utilising the least restrictive alternative methods available."

Legal Aid Queensland submitted it was concerned over a "low threshold" for the chief psychiatrist to extend the detention to three days.

"The detention of a person imposes significant infringements upon human rights; most prominently the right to liberty, and freedom of movement."

It recommended the legislation be amended so the psychiatrist believed there was no other way to conduct the mental health assessment, and detention would support participation.

The parliamentary committee will hold a briefing on the proposed laws next week before handing its report to the government in August.

A Queensland Health spokesperson said the powers would only be used in "limited, very rare circumstances".

"72 hours enables them to undergo a comprehensive mental health examination and authorities can take the most appropriate course of action to ensure a fair and proper assessment, ultimately determining whether the person is referred to the Mental Health Court rather than the criminal court," they said.,

"During this time, they would have access to the same amenities as any inpatient and we prioritise the health, wellbeing, rights, and dignity of all detained patients."