Mrs Deanna Andersson1, Ms Georgina Morgan2, Mr Stephen Weston1
1Office of the Chief Psychiatrist, Mental Health Alcohol and Other Drugs Branch, Queensland Health, Herston, Australia, 2Holmes Chambers, Brisbane, Australia
Biography:
Deanna Andersson is an Occupational Therapist and leader with Queensland Health who has worked in the Office of the Chief Psychiatrist since 2018. She has extensive expertise in the operation of the Mental Health Act 2016, the Mental Health Court system and the interface between mental health, criminal justice, and human rights. Her work focuses on balancing individual rights, public interest considerations, and community safety within Queensland’s mental health legislative framework.
Abstract:
The Queensland Mental Health Court occupies a unique intersection between mental health care, criminal justice, human rights, and community protection. Within this jurisdiction, the Chief Psychiatrist fulfils a unique statutory function as an independent party to proceedings, providing advice and submissions to assist the Court from a public interest perspective, distinct from the positions of the Director of Public Prosecutions and the patient or their legal representatives. The Chief Psychiatrist’s participation reflects the broader objectives of the Mental Health Act 2016 (Qld), including the diversion of persons with serious mental illness from the criminal justice system, the protection of patient rights, and the management of risks to community safety.
This presentation will provide an overview of the Queensland Mental Health Court system and examine the role of the Chief Psychiatrist in Mental Health Court proceedings through the lens of public interest decision-making. It will explore how the Office balances competing considerations, including clinical evidence, legal principles, patient rights, victim interests, procedural fairness, and community safety. It will consider how an independent statutory office can contribute to the integrity of Mental Health Court proceedings while remaining focused on the objects of the legislation and the rights of persons subject to the Act.