AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 88

Authorisation of treatment by Tribunal

(1)  The Tribunal may authorise treatment for a forensic patient if satisfied that –
(a) the treatment has been recommended and applied for by an approved medical practitioner (the applicant ) in accordance with section 195 ; and
(b) the patient has a mental illness; and
(c) without the treatment, the mental illness will, or is likely to, seriously harm –
(i) the patient's health or safety; or
(ii) the safety of other persons; and
(d) the treatment will be appropriate and effective in terms of the outcomes referred to in section 6(1) ; and
(e) the patient does not have decision-making capacity.
(2)  The Tribunal is to determine the application by way of a hearing before the Tribunal as constituted by 3 members.
(3)  The treatment may be authorised unconditionally or on such conditions as to time, method, supervision or otherwise as the Tribunal considers necessary or desirable and specifies in the authorisation.
(4)  The authorisation is to be in a form approved by the President of the Tribunal.
(5)  The Tribunal is to –
(a) give a copy of the authorisation 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 the authorisation to –
(i) the applicant; and
(ii) the Chief Psychiatrist.
(6)  The authorisation has effect according to its terms.

Note

The authorisation of treatment for a forensic patient is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3 .



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