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  • 15 Medical and Mental Health
  • Mental Health
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Handbook

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

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 by an approved doctor where it is believed a person has, or appears to have, a mental illness that requires, or is likely to require, treatment.  It is given where the person cannot be properly assessed with regard to their i...

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 when a person lacks the consent necessary to accept treatment voluntarily.  An order may be made where: the person has a men...

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 Act 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 (s12). The Act defines voluntary admission as being with the ...

The Mental Health Tribunal and Powers of Review

Formation and Purpose of the Tribunal The Mental Health Tribunal is an independent tribunal established by the Mental Health Act 2013. Its primary role is to confirm orders for, or to hear appeals against and conduct reviews of, the detention and treatment of involuntary patients. Section 167...

Official Visitors

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

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