Close search

Search the handbook

  • 20 Medical and Mental Health
  • Mental Health
handbook symbol Tasmanian Legal

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.

Overview of Mental Health

The Legislative Context The Mental Health Act 2013 (Tas) is the dominant Act in Tasmania in relation to mental health and medical treatment for those with a mental illness. Related legislation includes the Guardianship and Administration Act 1995 (Tas); the Sentencing Act 1997 (Tas); and the Cri...

Types of Orders, & Custody and Escort Provisions

Types of Orders Assessment Orders An assessment order may be made where a person does not have the capacity to make decisions about their treatment for themselves and where the nature of their mental illness prevents proper assessment. It allows a person to be taken to and detained in an ap...

Treatment Orders for Patients Lacking the Capacity to Consent

Treatment Orders Section 40 of the Mental Health Act outlines the criteria to be met before a person may be subjected to a treatment order.  Treatment orders are made by the Mental Health Stream of the Tasmanian Civil and Administrative Tribunal when a person lacks the consent necessary to accep...

Orders for Admission to a Secure Mental Health Unit

Admission to Secure Mental Health Units An order to move an involuntary patient to a Secure Mental Health Unit must be authorised by the Chief Forensic Psychiatrist.  Such an authorisation may only be given if: the patient is already being detained in an approved hospital (such as might occ...

Voluntariness and Consent

There is a preference under the Mental Health Act 2013 to provide assessment, treatment and care in the least restrictive setting consistent with clinical need and patient welfare, as well as to promote voluntary over involuntary assessment and treatment. The Act defines voluntary admission as be...

The Tasmanian Civil and Administrative Tribunal (Mental Health Stream): Powers of Review

Formation and Purpose of the Tribunal The Mental Health Stream of the Tasmanian Civil and Administrative Tribunal is an independent tribunal established by the Tasmanian Civil and Administrative Tribunal Act 2020. Its primary role is to confirm orders for, or to hear appeals against and conduct ...

Official Visitors – oversight of mental health facilities

Official visitors are appointed members of the community who check on the treatment of people with mental illnesses at approved hospitals and secure mental health units. Official Visitors have an ‘oversight’ role — that is, they visit mental health facilities to examine the physical environment a...

Page last updated 19/03/2018

Previous Section Medical Treatment