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  • 15 Medical and Mental Health
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Medical and Mental Health


This section covers two significant areas: medical and mental health. This is a large area of law, ranging from medical products through to committal orders for mental health issues.

This section covers a range of areas related to the purchase and use of medical treatments and health products, including; the regulation of products, health product safety, the complaints process for medical treatment and health products and the rights and responsibilities of those undergoing medical treatment. The second part of the section covers mental health in the Tasmanian Health Service. The section explains relevant laws and regulations and provides a detailed explanation of the different types of orders that can be made about a person and treatment for a mental health issue (including information on the types of orders and the consent of the patient).


Medical Treatment and Health Products

This chapter is divided into two sections. The first section considers the rights of a consumer who uses health products (including complaints and taking legal action against the supplier and/or manufacturer), the role and duties of the Australian Health Practitioner Regulation Agency as well as contacts and resources available.

The second part of this chapter explains the term ‘medical treatment’ and the role of the Tasmanian Health Complaints Commissioner as well as detailing the rights of people undergoing medical treatment (e.g. informed consent).

Mental Health

This chapter explains the current mental health laws in Tasmania, including, the rights of involuntary patients, the role of guardians, patients’ rights and the role of the Chief Civil Psychiatrist. The process and procedure involved for making an order for a mental health patient is also described, alongside a discussion on the powers of review of the Mental Health Tribunal. The chapter also explores the voluntariness and consent of the patient and the rules surrounding official visitors.

Page last updated 19/11/2018

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