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  • 20 Medical and Mental Health
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Medical and Mental Health


This section covers medical treatment, health products, and mental health law. These are large areas of law, ranging from complaints about medical products through to committal orders for mental health issues.

A range of areas is discussed including: the purchase and use of medical treatments and health products, 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.

This chapter also looks at mental health law 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).


Complaints processes against medical service providers

The first step: the treating agency A consumer’s first point of contact in attempting to resolve a complaint should always be with the authority which provides the service concerned. This applies to both public and private health care providers. In public hospitals, complaints are handled by ...

Rights and Remedies in Health Product Safety

‘Health’ products are commonly used to cure or alleviate conditions and symptoms of ill health. Whether prescribed by a doctor or not, the benefits of these products must be weighed against the possible risk of side effects. With some products, the ill effects experienced by users have been so gr...

The Tasmanian Health Complaints Commissioner

This chapter still needs a description to be added

Australian Health Practitioner Regulation Agency (AHPRA)

This chapter still needs a description to be added

Rights and Responsibilities of Health Service Consumers

The following is a list of the rights and responsibilities of consumers of health services. Rights to ‘Informed Consent’ The consumer of health services has the right to have a doctor or other health professional explain, in terms the consumer understands: the condition, problem or disease...

Contacts and Resources

Health Complaints Commissioner Website: Department of Health Website: Australian Nurses and Midwives Federation - Tasmania Website: Australian Medical Association Website:

Medical Treatment

This section looks at rights, consent, access to information, reproductive rights and access to medical information.

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 12/09/2019

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