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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