AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 186

Review of urgent circumstances treatment

(1)  The following provisions govern the review of urgent circumstances treatment:
(a) the Tribunal may do the review at any time –
(i) on its own motion; or
(ii) on the application of any person with the necessary standing;
(b) the Tribunal may do the review even if the treatment has ceased;
(c) on review, the Tribunal may –
(i) in the case of an involuntary patient not subject to a treatment order, recommend that the patient be assessed against the treatment criteria to see whether or not a treatment order needs to be made; or
(ii) in the case of an involuntary patient subject to a treatment order, recommend that the patient be assessed to determine whether an application needs to be made to have the treatment order varied; or
(iii) in the case of a forensic patient, recommend that an approved medical practitioner seek the Tribunal's authorisation of treatment in respect of the patient; or
(iv) set aside an authorisation under section 55 or section 87 ;
(d) on review, the Tribunal may also do either or both of the following:
(i) seek additional information from the Chief Psychiatrist or approved medical practitioner (for example, a report about the efficacy of the treatment);
(ii) recommend that the Chief Psychiatrist exercise any of his or her powers under this Act consequent on or in connection with the treatment.
(2)  The Tribunal's power under subsection (1)(a)(i) applies not only to specific instances of urgent circumstances treatment but also to any group of such treatments jointly, whether of the same patient or different patients.
(3)  The provisions of paragraphs (c) and (d) of subsection (1) apply, with any necessary modification, to a review of the kind referred to in subsection (2) .



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