AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 153

Matters common to clinical guidelines and standing orders

(1)  Clinical guidelines and standing orders –
(a) are to be written in plain language with a minimum of technical and professional jargon; and
(b) are to be as brief as possible consistent with their intended application; and
(c) are to clearly state which legislative provisions they relate to; and
(d) are to follow a standard style and format; and
(e) may be made so as to apply differently according to such matters, limitations or restrictions, whether as to time, location, circumstance or otherwise, as are specified in them; and
(f) may confer responsibilities and discretionary responsibilities on persons (including the Chief Psychiatrist) and provide for the delegation of those responsibilities; and
(g) may not purport to impose fines or other penalties for any failure to comply with them; and
(h) may not contain provisions that are repugnant to the other provisions of this or any other Act; and
(i) may not purport to authorise anyone to disregard or act contrary to a judicial order or an order of a tribunal.
(2)  In the event that the provisions of any clinical guidelines or standing orders are inconsistent with the provisions of any Act, the provisions of the Act always prevail.
(3)  To avoid overlap, ambiguity or inconsistency, the Chief Psychiatrist is to liaise with the Tribunal when drafting any clinical guidelines or standing orders.
(4)  Clinical guidelines and standing orders are to be published, in the manner the Chief Psychiatrist considers necessary or desirable having regard to their intended application.
(5)  No fee is chargeable or payable for issuing, supplying or obtaining a copy of any clinical guidelines or standing orders.
(6)  The Chief Psychiatrist is to give the Tribunal a copy of any issued or draft clinical guidelines or standing orders on request.
(7)  Clinical guidelines and standing orders are not –
(a) statutory rules; or
(b) instruments of a legislative character for the purposes of the Subordinate Legislation Act 1992 .
(8)  To avoid doubt, clinical guidelines and standing orders are instruments to which section 22 of the Acts Interpretation Act 1931 applies.


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