AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 181

Review of treatment order

(1)  The following provisions govern the review of a treatment order:
(a) the Tribunal must review the order within 60 days after it is made if it is still in effect;
(b) the Tribunal must further review the order within 180 days after it is made if it is still in effect;
(c) after the further review referred to in paragraph (b) , the Tribunal must further review the order at intervals not exceeding 180 days for so long as it remains in effect;
(d) the Tribunal must review the order within 3 days after being notified of the patient's admission to an approved hospital pursuant to section 42(3) if the admission is pursuant to section 42(2)(b) ;
(e) the Tribunal may review the order at any other time –
(i) on its own motion; or
(ii) on the application of any person with the necessary standing;
(f) a review need not involve a hearing, but is to be conducted –
(i) in the case of a review referred to in paragraph (d) and in respect of which section 47A applies in relation to the patient, by a division –
(A) of one member; or
(B) of 3 or more members; or
(ii) in any other case, by a division of 3 members.
(g) on review, the Tribunal may affirm, vary or discharge the order.
(2)  The Tribunal may vary a treatment order at any time –
(a) on its own motion; or
(b) on the application of any approved medical practitioner; or
(c) on the application of any person with the necessary standing.
(2A)  The Tribunal may vary a treatment order whether or not it has conducted a review under this section.
(3)  Within 24 hours of varying a treatment order, the Tribunal is to –
(a) give a copy of its determination to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and
(b) give a copy of its determination to –
(i) if the order has required or will require the patient's admission to an approved hospital, the controlling authority of that approved hospital; and
(ii) if the patient is also a forensic patient, the controlling authority of the relevant SMHU; and
(iii) the Chief Psychiatrist.
(4)  The Tribunal is not to vary a treatment order so as to require a patient who is a child to be admitted to and, if necessary, detained in an approved hospital unless it is satisfied that the approved hospital –
(a) has adequate facilities and staff for the appropriate treatment and care of the patient; and
(b) is, in the circumstances, the most appropriate place available to detain the patient.



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