AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 48

Renewal of treatment order

(1)  The Tribunal may renew a treatment order on the application of any approved medical practitioner (the applicant ).
(2)  An application must be made at least 10 days before the day during which the treatment order is due to expire, and is invalid if it is not.
(3)  An application is to be in accordance with section 195 and be accompanied by –
(a) a copy of the treatment order; and
(b) particulars of any recommended change in treatment; and
(ba) particulars of any recommended change to the treatment setting; and
(c) a statement by the applicant affirming that (and explaining how) the patient continues to meet the treatment criteria and is expected to continue to meet those criteria for the period of renewal.
(4)  An applicant for the renewal of a treatment order –
(a) is to give a copy of the application to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and
(b) is –
(i) to give a copy of the application to the treating medical practitioner (if it is someone other than the applicant); and
(ii) to give a copy of the application to the Chief Psychiatrist; and
(iii) if the patient is in, or is expected to be in, an approved facility, to give a copy of the application to the controlling authority of that facility; and
(c) is to place a copy of the application (and accompanying documentation) on the patient's clinical record.
(5)  The Tribunal is to determine an application as soon as practicable after it is made and must do so by way of a hearing.
(6)  To avoid doubt, a treatment order may only be renewed if it is still in effect.
(7)  A treatment order in respect of a person may only be renewed if the Tribunal is satisfied that –
(a) the applicant has complied with subsection (4) ; and
(b) the person meets the treatment criteria.
(8)  Under this section, a treatment order may be renewed for –
(a) if it has not previously been renewed, a period not exceeding 6 months; or
(b) in any other case, a period not exceeding 12 months.
(9)  On renewing a treatment order, the Tribunal is to –
(a) give notice of the renewal to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and
(b) give notice of the renewal to –
(i) the applicant; and
(ii) the treating medical practitioner (if it is someone other than the applicant); and
(iii) if the patient is in, or is expected to be in, an approved facility, the controlling authority of that facility; and
(iv) the Chief Psychiatrist.
(10)  A notice under subsection (9) is to specify the period of renewal.



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