Table Of Contents

Contents (1996 - 31)

1. Short title

2. Commencement

3. Interpretation

4. Meaning of "mental illness"

5. Meaning of "person responsible"

5AA. Meaning of "informed consent"

6. Objects of Act

7. Principle of minimum interference with civil rights

8. Crown to be bound

Part 2 - Administration

Division 1 - Approval of hospitals and assessment centres

9. Approval of hospitals

10. Approval of assessment centres

10A. Approval of secure mental health units

11. Revocation of approval

Division 1A - Chief Forensic Psychiatrist

11A. Chief Forensic Psychiatrist

11B. Role, functions and powers of Chief Forensic Psychiatrist

11C. Protection from liability of Chief Forensic Psychiatrist

Division 2 - Approval of medical practitioners and authorised officers

12. Approval of medical practitioners

13. Authorised officers

Division 3 - Delegations

14. Delegation by Minister

14A. Delegations by Secretary, controlling authority and Chief Forensic Psychiatrist

Part 3 - Power to deal with persons with mental illness

15. Power to take person into protective custody

16. How persons taken into custody are to be dealt with

Part 4 - Admission to approved hospitals

Division 1 - Admission generally

17. Admission of patients

18. Preference to be given to voluntary admission

Division 2 - Voluntary admissions

19. Voluntary admission

20. Refusal of admission

21. Second opinion on refusal of admission

22. Rights of voluntary patient to discharge

23. Assessment of voluntary patients seeking discharge

Division 3 - Involuntary admission

24. Criteria for detention as involuntary patient

25. Who may make application for involuntary admission

26. Initial order for admission

27. Cessation of initial order

28. Continuing care order

29. Term and renewal of continuing care order

30. Rectification of orders, &c.

Part 5 - Medical treatment of patients in approved hospitals

Division 1 - Medical treatment generally

31. Treatment of patients generally

32. Medical treatment for patients who refuse treatment

Division 2 - Repealed

33. Repealed

Part 6 - Non-medical treatment of involuntary patients in approved hospitals

Division 1 - Restraint and seclusion

34. Physical restraint

35. Seclusion of involuntary patients

36. Monthly reports on bodily restraint and seclusion

Division 2 - Leave of absence

37. Leave of absence

Division 3 - Return of involuntary patients to hospital

38. Return of involuntary patients to approved hospital

Division 4 - Transfer of involuntary patients between approved hospitals

39. Transfer of involuntary patient

Part 7 - Community treatment

Division 1 - Criteria for making community treatment order

40. Criteria for making community treatment order

Division 2 - Making and renewal of community treatment order

41. Making of community treatment order

42. Requirements of community treatment order

43. Requirements of patient under community treatment order

44. Term and renewal of community treatment order

Division 3 - Authorisation for temporary admission as involuntary patient under community treatment order

44A. Authorisation for temporary admission as involuntary patient under community treatment order

44B. Effect of authorisation for temporary admission

44C. End of authorisation for temporary admission

Part 8 - Involuntary patients' rights to information

45. Involuntary patients to be given statement of their legal rights

46. Monthly reports

47. Further explanations to be given by medical practitioner

Part 9 - The Mental Health Tribunal

Division 1 - Establishment of the Mental Health Tribunal

48. Establishment of Mental Health Tribunal

49. Mental Health Tribunal to sit in divisions

50. Mental Health Tribunal may act by majority

Division 2 - The Mental Health Tribunal's functions

51. Functions of Mental Health Tribunal

52. Reviews of certain orders, authorisations and admissions

53. Applications for review

54. Notification and hearing of review

Division 3 - The Mental Health Tribunal's proceedings

55. Times and places of sittings

56. General principles for hearings by Mental Health Tribunal

57. Representation in proceedings before Mental Health Tribunal

58. Evidence before Mental Health Tribunal

59. Summonses to witnesses

60. Power to require reports, &c.

61. Medical examinations

62. Visits by Mental Health Tribunal

63. Right of Public Guardian and Secretary to intervene

64. Proceedings to be closed

Division 4 - Determinations of the Mental Health Tribunal

65. Powers of Mental Health Tribunal on review

66. Evidence of Mental Health Tribunal's determination

67. Obligation to comply with determinations

Division 5 - Miscellaneous

68. Register

69. Annual report of Mental Health Tribunal

Part 10 - Notification of orders, &c., to Mental Health Tribunal

70. Requirement to notify orders, &c., to Mental Health Tribunal

71. Monthly reports on bodily restraint and seclusion

72. Requirement to notify withholding of information

Part 10A - Secure Mental Health Units

Division 1 - Admission to secure mental health units

72A. Admission of forensic patients

72B. Admission of involuntary patients

72C. Review of admission under section 72B

72D. Notifying next of kin, &c., of admission

72E. Right of certain forensic patients to request return to prison

Division 2 - Medical treatment of forensic patients

72F. Interpretation of "medical treatment"

72G. Medical treatment generally

72H. Medical treatment for forensic patients who do not consent in urgent circumstances

72I. Authorisation of medical treatment by Forensic Tribunal

72J. Interim authorisation

72K. Right to second opinion

Division 3 - Non-medical treatment of forensic patients

Subdivision 1 - Restraint and seclusion

72L. Physical restraint

72M. Use of force

72N. Seclusion of forensic patients

72O. Monthly reports on bodily restraint and seclusion

Subdivision 2 - Leave of absence

72P. Leave of absence for forensic patients generally

72Q. Leave of absence for forensic patients on restriction orders

72R. Notification of victims

Subdivision 3 - Visits, telephone calls and mail

72S. Interpretation of Subdivision

72T. Visits

72U. Visitors to give information

72V. Visits by police

72W. Refusal of visitor

72X. Visit may be terminated

72Y. Formal searches

72Z. Telephone calls

73. Mail

Subdivision 4 - Further matters relating to treatment of forensic patients

73A. Further rights of forensic patients

73B. Medical tests for HIV, &c.

Subdivision 5 - Transfer of forensic patient to another secure mental health unit or a secure institution

73C. Transfer of forensic patient to another secure mental health unit

73D. Secure institution

73E. Removal of forensic patient to hospital, secure institution, &c.

Division 4 - Return of forensic patients to secure mental health unit

73F. Return of forensic patients in Tasmania to secure mental health unit

73G. Return of forensic patients outside Tasmania to secure mental health unit

Division 5 - Miscellaneous

73H. Searching persons in secure mental health unit

73I. Seizure

73J. Offence to bring certain things into secure mental health unit

73K. Bringing prisoners before courts

73L. Presence at taking of certain depositions

73M. Court may proceed in absence of forensic patient, &c.

73N. Custody

73O. Application of Part to places other than secure mental health units

73P. Notifying persons of release

73Q. Application of Corrections Act 1997 to forensic patients who are prisoners

73R. Warrant of commitment not void

73S. Preservation of royal prerogative of mercy

Part 10B - Forensic Tribunal

Division 1 - Establishment of Forensic Tribunal

73T. Establishment of Forensic Tribunal

73U. Membership of Forensic Tribunal

73V. Functions and powers of Forensic Tribunal

73W. Decisions of Forensic Tribunal

73X. Staff of Forensic Tribunal

73Y. Assistance, resources and facilities

73Z. Appointment of persons to assist Forensic Tribunal

Division 2 - Proceedings of Forensic Tribunal

74. Interpretation of Division

74A. Sittings

74B. Notification of hearings

74C. General principles for hearings

74D. Representation in proceedings before Forensic Tribunal

74E. Evidence before Forensic Tribunal

74F. Summoning of witnesses

74G. Power to require reports, &c.

74H. Medical examinations

74I. Visits by Forensic Tribunal

74J. Right of certain persons to intervene

74K. Proceedings to be closed

74KA. General regulation of proceedings

Division 3 - Forensic Tribunal Member Register

74L. Forensic Tribunal Member Register

74M. Calling for interested persons

74N. Entering persons in Forensic Tribunal Member Register

Division 4 - Miscellaneous

74O. Annual report of Forensic Tribunal

Part 11 - Official visitors

Division 1 - Appointment

74P. Appointment of official visitors

74Q. Terms and conditions of appointment

Division 2 - Functions of official visitor

75. Functions of official visitor

76. Exercise of functions by panels of official visitors

Division 3 - Visits by official visitor

77. Visiting approved hospitals and secure mental health unit

78. Controlling authority to facilitate visits on request

Division 4 - Reports by official visitors

79. Reports of suspected contravention of this Act

80. Reports at the Minister's request

81. Annual report by coordinating official visitor

Part 12 - Intergovernmental agreements

Division 1 - Humanitarian transfer

82. Transfer agreements

83. Effect of transfer agreements

Division 2 - Apprehension and return of absconding involuntary patients, &c.

83A. Interpretation of Division

83B. Agreements for the return, &c., of absconding involuntary patients, &c.

83C. Tasmanian officers may act under corresponding laws

83D. Interstate officers may act in this State

83E. Apprehension, &c., of involuntary patients, &c., from interstate

83F. Apprehension, &c., of involuntary patients, &c., found interstate

83G. Apprehension, &c., of persons in breach of supervision orders found interstate

Part 13 - Miscellaneous

84. Protection relating to reports and information

85. Confidentiality of information

86. Protection from liability

87. Ill-treatment or neglect of person with mental illness

88. Removal, &c., of involuntary patient or forensic patient

89. Obstruction

90. Confidentiality

91. Non-compliance with legal process

92. Immunity from liability

93. Disqualification of certain medical practitioners

94. Errors affecting orders

95. Regulations

96. Repeal

97. Savings and transitional provisions

98. Repealed

Schedule 1 - Members and staff of the Mental Health Tribunal

Schedule 1A - Membership of Forensic Tribunal

Schedule 2 - Transitional and savings provisions

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Mental Health Act 1996

Version current from 11 December 2009 to 30 June 2010 (accessed 16 April 2025 at 13:32)

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Version current from 11 December 2009 to 30 June 2010 (accessed 16 April 2025 at 13:32)

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Table of Amending Instruments

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File last modified 30 September 2019

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