AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 179

Division 2 - Reviews The Tribunal's review function

(1)  The Tribunal is to review, in accordance with this Division –
(a) the making of assessment orders; and
(b) treatment orders (and their variation and discharge); and
(c) admissions of involuntary patients to SMHUs; and
(d) the status of voluntary inpatients; and
(e) the placement of any involuntary patient or forensic patient under seclusion or restraint; and
(ea) the authorisation of treatment for any forensic patient; and
(f) the application of force to any forensic patient; and
(g) the withholding, from any patient, of information by persons; and
(h) the transfer of any involuntary patient or forensic patient within Tasmania; and
(i) the granting, refusal, cancellation or variation of leave of absence for any involuntary patient or forensic patient who is not subject to a restriction order; and
(j) the exercise of visiting, correspondence or telephone rights by any forensic patient.
(2)  The Tribunal is also required to review –
(a) as provided by section 36B of the Corrections Act 1997 , admissions of prisoners to secure mental health units; and
(b) as provided by section 134B of the Youth Justice Act 1997 , admissions of youth detainees to secure mental health units; and
(c) as provided by section 37 of the Criminal Justice (Mental Impairment) Act 1999 , restriction orders or supervision orders made under that Act.
(3)  The Tribunal may also review –
(a) Chief Psychiatrist refusals, under section 70 , to return forensic patients to the custody of the Director or the Secretary (Youth Justice); and
(b) the giving of urgent circumstances treatment to any involuntary or forensic patient; and
(c) the exercise of the Chief Psychiatrist's power of direct intervention; and
(d) any matter referred to it by, or at the direction or instigation of, the Chief Psychiatrist; and
(e) any matter prescribed by the regulations.



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