AustLII Tasmanian Consolidated Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

MENTAL HEALTH ACT 2013

- Act 2 of 2013
- Royal Assent 13 May 2013

TABLE OF PROVISIONS

           Long Title

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Meaning of mental illness
   5.      Meaning of assessment
   6.      Meaning of treatment
   7.      Capacity of adults and children to make decisions about their own
           assessment and treatment
   8.      Meaning of informed consent to assessment or treatment
   9.      Informed consent for child who lacks capacity to decide on own
           assessment or treatment
   10.     Identifying representatives of patients, &c.
   11.     Timing of actions
   12.     Objects of Act
   13.     Status of Act
   14.     Act binds Crown
   15.     Mental health service delivery principles
   16.     Circumstances in which treatment may be given
   17.     Power to take person into protective custody
   18.     Handover of person taken into protective custody
   19.     Dealing with person in protective custody
   20.     Release of person from protective custody
   21.     Records, &c.
   22.     Who can make an assessment order?
   23.     Application for assessment order
   24.     Making an assessment order
   25.     Assessment criteria
   26.     Form and content of assessment order
   27.     Effect of assessment order
   28.     When does assessment order take effect?
   29.     Action to be taken by medical practitioner on making assessment
           order
   30.     Assessment of patient
   31.     Section 31
   32.     Affirmation or discharge of assessment order
   33.     Action to be taken by medical practitioner on affirming assessment
           order
   34.     Duration of assessment order
   35.     Discharge of assessment order by medical practitioner or Tribunal
   36.     Who can make a treatment order?
   37.     Application for treatment order
   38.     Interim treatment order
   39.     Determination of application for treatment order
   40.     Treatment criteria
   41.     Form and content of treatment order
   42.     Effect of treatment order
   43.     When does treatment order take effect?
   44.     Duration of treatment order
   45.     Action to be taken by Tribunal on making treatment order
   46.     Section 46
   47.     Failure to comply with treatment order
   47A.    Admission to prevent possible harm
   48.     Renewal of treatment order
   49.     Discharge of treatment order by medical practitioner or Tribunal
   50.     Nature of treatment plan
   51.     Requirement for treatment plan
   52.     Form of treatment plan
   53.     Preparation of treatment plan
   54.     Variation of treatment plan
   55.     Urgent circumstances treatment
   56.     Seclusion
   57.     Restraint
   58.     Records, &c.
   59.     Transfer of involuntary patients between approved hospitals
   60.     Leave of absence from approved hospital
   61.     Absence from approved hospital without leave or in breach of
           condition, &c.
   62.     Rights of involuntary patients
   63.     Admission
   64.     Admissions procedure, extensions and transfer
   65.     Period of detention
   65A.    Renewal of treatment order for patient in SMHU
   66.     Admitted involuntary patient to be treated as forensic patient for
           certain purposes
   67.     Leave of absence for involuntary SMHU patient
   68.     Admission
   69.     Period of detention
   70.     Certain forensic patients may request return to prison, &c.
   71.     Custody
   72.     Transfer of forensic patients between SMHUs
   73.     Transfer of forensic patients to hospitals, &c.
   74.     Application of Part to places other than SMHUs
   75.     Return of forensic patient in Tasmania to SMHU
   76.     Return of forensic patient outside Tasmania to SMHU
   77.     Definitions for this Division
   78.     When leave of absence for forensic patients subject to restriction
           orders may be granted
   79.     Extension, variation and cancellation of leave of absence
   80.     Victims to be notified of leave of absence of patient
   81.     Definitions for this Division
   82.     When leave of absence for forensic patients not subject to
           restriction orders may be granted
   83.     Extension, variation and cancellation of leave of absence
   84.     Victims to be notified of leave of absence of patient
   85.     Interpretation of Part
   86.     Application of Part to places other than SMHUs
   87.     Urgent circumstances treatment
   88.     Authorisation of treatment by Tribunal
   89.     Discharge of Tribunal treatment authorisation
   90.     Authorisation becomes treatment order when person ceases to be
           forensic patient
   91.     Interim authorisation of treatment by Tribunal member
   92.     Interpretation of Division
   93.     Force
   94.     Seclusion
   95.     Restraint
   96.     Records, &c.
   97.     Patient visiting rights
   98.     Privileged visitors, callers and correspondents
   99.     Entry of visitors
   100.    Visitor identity
   101.    Visitor information
   102.    Refusal of visits
   103.    Termination of visits
   104.    Arrest, &c., of visitors who fail to comply with directions
   105.    Police visits
   106.    Patient telephone rights
   107.    Patient correspondence rights
   108.    Further rights of forensic patients
   109.    Authorisation of persons
   110.    Screening of persons seeking entry to SMHU
   111.    Searches
   112.    Seizure
   113.    Certain things not to be brought into SMHU
   114.    Records, &c.
   115.    Interpretation of Division
   116.    Bringing patients before courts
   117.    Presence at taking of certain depositions
   118.    Court may proceed in absence of forensic patient, &c.
   119.    Notifying victims of final release, &c.
   120.    Application of Corrections Act 1997 to forensic patients who are
           prisoners
   121.    Preservation of royal prerogative of mercy
   122.    Meaning of special psychiatric treatment
   123.    Application of Part
   124.    Restriction on provision of special psychiatric treatment
   125.    Clinical restriction on authorisation of special psychiatric treatment
   126.    Procedural restriction on authorisation of special psychiatric
           treatment
   127.    Tribunal obligations regarding authorisations
   128.    Records, &c.
   129.    Statements of rights on admission and discharge
   130.    Notification of certain admissions, transfers and discharges
   131.    Notification of certain leave and unlawful absences
   132.    Withholding, &c., of information by mental health authorities
   133.    Publication of sensitive information about patients
   134.    Disclosure of confidential, &c., information about patients
   135.    Translation, interpreters, &c.
   136.    Monthly reports on voluntary inpatients
   137.    Parents of child patients to be given same information as patients
   138.    Medical practitioners and nurses
   139.    Mental health officers
   140.    Hospitals and other facilities
   141.    Secure institutions
   142.    Revocation of approvals for hospitals and other facilities
   143.    Chief Civil Psychiatrist
   144.    Chief Forensic Psychiatrist
   145.    Term of office
   146.    Functions and powers
   147.    Power of direct intervention
   148.    Independence
   149.    Delegation
   150.    Reporting
   151.    Clinical guidelines
   152.    Standing orders
   153.    Matters common to clinical guidelines and standing orders
   154.    Interpretation of Part
   155.    Appointment
   156.    Functions of Principal Official Visitor
   157.    Functions of Official Visitors
   158.    Delegation
   159.    Powers of Official Visitors
   160.    Visits
   161.    Complaints
   162.    Independence
   163.    Obligation of officials to assist Official Visitors, &c.
   164.    Identification
   165.    Operational and monthly reporting, &c.
   166.    Annual report
   167.    Establishment
   168.    Functions
   169.    Powers
   170.    Divisions
   171.    Acting by majority
   172.    Interim determinations on adjournment
   173.    Questions of law
   174.    Appeals from determinations
   175.    Appeals procedure
   176.    Registrar and staff
   177.    Register
   178.    Annual report
   179.    The Tribunal's review function
   180.    Review of assessment order
   181.    Review of treatment order
   182.    Review of involuntary admission to SMHU
   183.    Review of refusal to return forensic patient to external custodian
   184.    Review of status of voluntary inpatient
   185.    Review of admission to SMHU of prisoner or youth detainee
   186.    Review of urgent circumstances treatment
   187.    Review of seclusion and restraint
   188.    Review of force
   189.    Review of withholding of information from patient
   190.    Review of involuntary patient or forensic patient transfer within
           Tasmania
   191.    Review of determination relating to leave of absence
   192.    Review of exercise of visiting, telephone or correspondence right
   192A.   Tribunal to review forensic patient's treatment authorisation
   193.    Other reviews
   194.    General powers, &c., on review
   195.    Form of applications for review, &c.
   196.    Refusal of review
   197.    On-paper reviews by Registrar
   198.    Preliminary evaluation
   199.    Evidence of Tribunal determination or direction
   200.    Interpretation of Chapter
   201.    Power of Minister to enter into interstate agreements
   202.    Nature of interstate transfer agreements
   203.    Operation of interstate transfer agreements
   204.    Effect of certain transfers
   205.    Nature of interstate control agreements
   206.    Power of Tasmanian officials to act under corresponding law
   207.    Power of interstate officials to act in Tasmania
   208.    Apprehension, &c., of involuntary patients, &c., from
           interstate
   209.    Apprehension, &c., of involuntary patients, &c., found
           interstate
   210.    Apprehension of persons under supervision orders found interstate
   211.    Remote medical procedures
   212.    Special powers of ambulance officers and medical practitioners acting
           as MHO
   213.    Unlawful treatment
   214.    Person must not neglect or ill-treat person with mental illness
   215.    Obstruction of persons discharging responsibilities under Act, &c.
   216.    Contravention of Tribunal determinations
   217.    False or misleading statements
   218.    Immunities
   219.    Jurisdiction of certain courts not limited, &c.
   220.    Delegation by Minister
   221.    Delegation by controlling authority
   222.    Conflicts of interest
   223.    Defects in appointments, &c.
   224.    Correction of orders, &c., where validity not affected
   224A.   Correction of orders, &c., where validity affected
   225.    Status of notices
   226.    Service of documents
   227.    Regulations
   228.    Amendment of Schedule 1
   229.    Review of Act
   230.    Administration of Act
   231.    Legislation repealed
   232.    Legislation rescinded
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7

[ Note: This table has been automatically generated and may be incomplete. ]



[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]