Table Of Contents

Contents (2013 - 2)

1. Short title

2. Commencement

Part 2 - Interpretation

3. Interpretation

4. Meaning of mental illness

5. Meaning of assessment

6. Meaning of treatment

7. Capacity of adults and children to make decisions about their own assessment and treatment

8. Meaning of informed consent to assessment or treatment

9. Informed consent for child who lacks capacity to decide on own assessment or treatment

10. Identifying representatives of patients, &c.

11. Timing of actions

Part 3 - Objects, Status and Scope of Act

12. Objects of Act

13. Status of Act

14. Act binds Crown

Chapter 2 - Assessment, Treatment and Management of patients

Part 1 - Rights and Policies

15. Mental health service delivery principles

15A. Rights of patients

16. Circumstances in which treatment may be given

Part 2 - Detaining for the purposes of assessment

17. Power to temporarily detain person for assessment

18. Handover of person temporarily detained for assessment

19. Dealing with person while temporarily detained

20. Obligation to release person being temporarily detained

21. Records, &c.

Part 3 - Involuntary Patients

Division 1 - Assessment orders

22. Who can make an assessment order?

23. Repealed

24. Making an assessment order

25. Assessment criteria

26. Form and content of assessment order

27. Effect of assessment order

28. When does assessment order take effect?

29. Action to be taken by medical practitioner on making assessment order

30. Assessment of patient

31. Repealed

32. Affirmation or discharge of assessment order

33. Action to be taken by medical practitioner on affirming assessment order

34. Duration of assessment order

35. Discharge of assessment order by medical practitioner or Tribunal

Division 2 - Treatment orders

36. Who can make a treatment order?

37. Application for treatment order

38. Interim treatment order

39. Determination of application for treatment order

40. Treatment criteria

41. Form and content of treatment order

42. Effect of treatment order

43. When does treatment order take effect?

44. Duration of treatment order

45. Action to be taken by Tribunal on making treatment order

46. Repealed

47. Failure to comply with treatment order

47A. Admission to prevent possible harm

48. Renewal of treatment order

49. Discharge of treatment order by medical practitioner or Tribunal

Division 3 - Treatment plans

50. Nature of treatment plan

51. Requirement for treatment plan

52. Form of treatment plan

53. Preparation of treatment plan

54. Variation of treatment plan

Division 4 - Urgent circumstances treatment

55. Urgent circumstances treatment

Division 5 - Seclusion and restraint

56. Seclusion

57. Restraint

58. Records, &c.

Division 6 - Patient movements in respect of approved hospitals

59. Transfer of involuntary patients between approved hospitals

60. Leave of absence from approved hospital

61. Absence from approved hospital without leave or in breach of condition, &c.

Division 7 - Repealed

62. Repealed

Division 8 - Admission of involuntary patients to SMHU

63. Admission

64. Admissions procedure, extensions and transfer

65. Period of detention

65A. Renewal of treatment order for patient in SMHU

66. Admitted involuntary patient to be treated as forensic patient for certain purposes

67. Leave of absence for involuntary SMHU patient

Part 4 - Admission and Custody of Forensic Patients

Division 1 - Admission of forensic patients to SMHU

68. Admission

69. Period of detention

70. Certain forensic patients may request return to prison, &c.

Division 2 - Custody

71. Custody

Division 3 - Patient movements

72. Transfer of forensic patients between SMHUs

73. Transfer of forensic patients to hospitals, &c.

74. Application of Part to places other than SMHUs

Division 4 - Return of forensic patients to SMHUs

75. Return of forensic patient in Tasmania to SMHU

76. Return of forensic patient outside Tasmania to SMHU

Division 5 - Leave of absence for forensic patients subject to restriction orders

77. Definitions for this Division

78. When leave of absence for forensic patients subject to restriction orders may be granted

79. Extension, variation and cancellation of leave of absence

80. Victims to be notified of leave of absence of patient

Division 6 - Leave of absence for forensic patients not subject to restriction orders

81. Definitions for this Division

82. When leave of absence for forensic patients not subject to restriction orders may be granted

83. Extension, variation and cancellation of leave of absence

84. Victims to be notified of leave of absence of patient

Part 5 - Treatment and Management of Forensic Patients

Division 1 - Interpretation and application

85. Interpretation of Part

86. Application of Part to places other than SMHUs

Division 2 - Treatment of forensic patients

87. Urgent circumstances treatment

88. Authorisation of treatment by Tribunal

89. Discharge of Tribunal treatment authorisation

90. Authorisation becomes treatment order when person ceases to be forensic patient

91. Interim authorisation of treatment by Tribunal member

Division 3 - Force, seclusion and restraint

92. Interpretation of Division

93. Force

94. Seclusion

95. Restraint

96. Records, &c.

Division 4 - Visits

97. Patient visiting rights

98. Privileged visitors, callers and correspondents

99. Entry of visitors

100. Visitor identity

101. Visitor information

102. Refusal of visits

103. Termination of visits

104. Arrest, &c., of visitors who fail to comply with directions

105. Police visits

Division 5 - Telephone calls and mail

106. Patient telephone rights

107. Patient correspondence rights

Division 6 - Repealed

108. Repealed

Division 7 - Management, good order and security of secure mental health units

109. Authorisation of persons

110. Screening of persons seeking entry to SMHU

111. Searches

112. Seizure

113. Certain things not to be brought into SMHU

114. Records, &c.

Division 8 - Judicial and related matters

115. Interpretation of Division

116. Bringing patients before courts

117. Presence at taking of certain depositions

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

119. Notifying victims of final release, &c.

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

121. Preservation of royal prerogative of mercy

Part 6 - Special Psychiatric Treatment

122. Meaning of special psychiatric treatment

123. Application of Part

124. Restriction on provision of special psychiatric treatment

125. Clinical restriction on authorisation of special psychiatric treatment

126. Procedural restriction on authorisation of special psychiatric treatment

127. Tribunal obligations regarding authorisations

128. Records, &c.

Part 7 - Information

129. Statements of rights on admission and discharge

130. Notification of certain admissions, transfers and discharges

131. Notification of certain leave and unlawful absences

132. Withholding, &c., of information by mental health authorities

133. Publication of sensitive information about patients

134. Disclosure of confidential, &c., information about patients

135. Translation, interpreters, &c.

136. Monthly reports on voluntary inpatients

137. Parents of child patients to be given same information as patients

Part 8 - Approved Personnel and Facilities

138. Medical practitioners and nurses

139. Mental health officers

140. Hospitals and other facilities

141. Secure institutions

142. Revocation of approvals for hospitals and other facilities

Chapter 3 - Oversight and review

Part 1 - Chief Psychiatrist

Division 1 - Appointment

143. Chief Psychiatrist

144. Repealed

Division 2 - Features of office

145. Term of office

146. Functions and powers

147. Power of direct intervention

148. Independence

149. Delegation

150. Reporting

Division 3 - Clinical guidelines and standing orders

151. Clinical guidelines

152. Standing orders

153. Matters common to clinical guidelines and standing orders

Part 2 - Official Visitors

Division 1 - Preliminary

154. Interpretation of Part

Division 2 - Appointment, functions and powers

155. Appointment

156. Functions of Principal Official Visitor

157. Functions of Official Visitors

158. Delegation

159. Powers of Official Visitors

Division 3 - Visits and complaints

160. Visits

161. Complaints

Division 4 - Miscellaneous

162. Independence

163. Obligation of officials to assist Official Visitors, &c.

164. Identification

Division 5 - Reporting

165. Operational and monthly reporting, &c.

166. Annual report

Part 3 - Tribunal

Division 1 - Administrative

167. Repealed

168. Functions

169. Powers

170. Repealed

171. Repealed

172. Interim determinations on adjournment

173. Repealed

174. Repealed

175. Repealed

176. Repealed

177. Register

178. Repealed

Division 2 - Reviews

179. The Tribunal's review function

180. Review of assessment order

181. Review of treatment order

182. Review of involuntary admission to SMHU

183. Review of refusal to return forensic patient to external custodian

184. Review of status of voluntary inpatient

185. Review of admission to SMHU of prisoner or youth detainee

186. Review of urgent circumstances treatment

187. Review of seclusion and restraint

188. Review of force

189. Review of withholding of information from patient

190. Review of involuntary patient or forensic patient transfer within Tasmania

191. Review of determination relating to leave of absence

192. Review of exercise of visiting, telephone or correspondence right

192A. Tribunal to review forensic patient's treatment authorisation

193. Other reviews

194. General powers, &c., on review

195. Form of applications for review, &c.

196. Refusal of review

197. On-paper reviews by Registrar

198. Preliminary evaluation

Division 3 - Determinations

199. Evidence of Tribunal determination or direction

Chapter 4 - Intergovernmental agreements

Part 1 - Preliminary

200. Interpretation of Chapter

201. Power of Minister to enter into interstate agreements

Part 2 - Interstate Transfer Agreements

202. Nature of interstate transfer agreements

203. Operation of interstate transfer agreements

204. Effect of certain transfers

Part 3 - Interstate Control Agreements

205. Nature of interstate control agreements

206. Power of Tasmanian officials to act under corresponding law

207. Power of interstate officials to act in Tasmania

208. Apprehension, &c., of involuntary patients, &c., from interstate

209. Apprehension, &c., of involuntary patients, &c., found interstate

210. Apprehension of persons under supervision orders found interstate

Chapter 5 - Miscellaneous

Part 1 - General

211. Remote medical procedures

212. Special powers of ambulance officers and medical practitioners acting as MHO

Part 2 - Offences

213. Unlawful treatment

214. Person must not neglect or ill-treat person with mental illness

215. Obstruction of persons discharging responsibilities under Act, &c.

216. Repealed

217. False or misleading statements

Part 3 - Legal and Administrative

218. Immunities

219. Jurisdiction of certain courts not limited, &c.

220. Delegation by Minister

221. Delegation by controlling authority

222. Conflicts of interest

223. Defects in appointments, &c.

224. Correction of orders, &c., where validity not affected

224A. Correction of orders, &c., where validity affected

225. Status of notices

226. Service of documents

227. Regulations

228. Amendment of Schedule 1

229. Repealed

230. Administration of Act

231. Legislation repealed

232. Legislation rescinded

233. Validation

Schedule 1 - Mental health service delivery principles

Schedule 2 - Custody and escort provisions

Part 1 - Preliminary

Part 2 - Powers and Duties

Part 3 - Policy

Schedule 3 - Repealed

Schedule 4 - Proceedings of Tribunal

Part 1 - Interpretation

Part 2 - General procedures

Part 3 - Repealed

Part 4 - Powers

Part 5 - Repealed

Part 6 - Miscellaneous

Schedule 5 - Official Visitors

Schedule 6 - Legislation repealed

Schedule 7 - Legislation rescinded

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Mental Health Act 2013

Version current from 25 September 2023 to date (accessed 17 March 2025 at 19:08)

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Version current from 25 September 2023 to date (accessed 17 March 2025 at 19:08)

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