AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 117

Presence at taking of certain depositions

(1)  The controlling authority of an SMHU, at the written request of a judicial officer, may allow a forensic patient to leave the SMHU temporarily to attend the taking of a deposition of a person who is dangerously ill and unable to travel.
(2)  In considering whether to make a request under subsection (1) , and the terms of the request, a judicial officer is to take into account the advice of the Chief Psychiatrist or an approved medical practitioner as to the fitness of the patient and the impact that such a request is likely to have on the patient's health or safety.
(3)  For the purposes of subsection (1) , an authorised person or police officer may –
(a) take the patient under escort; and
(b) remove the patient from the SMHU; and
(c) take the patient to the place specified in the request for the taking of the deposition; and
(d) return the patient to the SMHU.
(4)  For the purposes of subsection (3) , the custody and escort provisions apply.



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