Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 16

Circumstances in which treatment may be given
(1)  The following policy governs the treatment of voluntary patients under this Act:
(a) a voluntary patient may be given treatment with informed consent, either as a hospital inpatient or in the community;
(b) .  .  .  .  .  .  .  .  
(c) a voluntary patient may be given special psychiatric treatment if –
(i) the treatment is authorised by the Tribunal under Part 6 ; and
(ii) where the treatment is psychosurgery or a treatment that requires informed consent under that Part, informed consent has been given for the treatment;
(d) a voluntary patient can never be given special psychiatric treatment except as provided by paragraph (c) .
(2)  The following policy governs the treatment of involuntary patients under this Act who are not forensic patients or involuntary patients to whom section 66 applies:
(a) an involuntary patient may be given treatment –
(i) with informed consent; or
(ii) if the treatment is authorised by a treatment order; or
(iii) if the treatment is urgent circumstances treatment, the treatment is authorised under section 55 ;
(b) .  .  .  .  .  .  .  .  
(c) an involuntary patient may be given special psychiatric treatment if –
(i) the special psychiatric treatment is authorised by the Tribunal under Part 6 ; and
(ii) where the treatment is psychosurgery or a treatment that requires informed consent under that Part, informed consent has been given for the treatment;
(d) an involuntary patient can never be given special psychiatric treatment except as provided by paragraph (c) .
(3)  The following policy governs the treatment under this Act of forensic patients or involuntary patients to whom section 66 applies:
(a) a forensic patient, or an involuntary patient to whom section 66 applies, may be given treatment –
(i) with informed consent; or
(ii) if the treatment is authorised by the Tribunal (or a member of the Tribunal) under Division 2 of Part 5 ; or
(iii) if the patient is also an involuntary patient, if the treatment is authorised by a treatment order; or
(iv) if the treatment is urgent circumstances treatment, if the treatment is authorised under section 87 ;
(b) .  .  .  .  .  .  .  .  
(c) a forensic patient, or an involuntary patient to whom section 66 applies, may be given special psychiatric treatment if –
(i) the special psychiatric treatment is authorised by the Tribunal under Part 6 ; and
(ii) if the treatment is psychosurgery or a treatment that requires informed consent under that Part, informed consent has been given for the treatment;
(d) a forensic patient, or an involuntary patient to whom section 66 applies, can never be given special psychiatric treatment except as provided by paragraph (c) .


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