Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
MENTAL HEALTH (MISCELLANEOUS
AMENDMENTS) BILL 2006
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 MENTAL HEALTH ACT 1996 AMENDED
3. Principal Act
4. Section 52 amended (Reviews of certain orders, authorisations
and admissions)
5. Section 72G amended (Medical treatment generally)
6. Section 73V amended (Functions and powers of Forensic
Tribunal)
7. Section 82 amended (Transfer agreements)
8. Section 83 amended (Effect of transfer agreements)
9. Part 12, Division 2: Heading amended
10. Section 83A amended (Interpretation of Division)
11. Section 83B amended (Agreements for the return, &c., of
absconding involuntary patients, &c.)
12. Sections 83E and 83F substituted
83E. Apprehension, &c., of involuntary patients, &c.,
from interstate
83F. Apprehension, &c., of involuntary patients, &c.,
found interstate
[Bill 53]-III
83G. Apprehension, &c., of persons in breach of
supervision orders found interstate
PART 3 COMMUNITY PROTECTION (OFFENDER REPORTING)
ACT 2005 AMENDED
13. Principal Act
14. Section 3 amended (Interpretation)
2
MENTAL HEALTH (MISCELLANEOUS
AMENDMENTS) BILL 2006
(Brought in by the Minister for Health and Human Services,
the Honourable Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Mental Health Act 1996 and the
Community Protection (Offender Reporting) Act 2005
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Mental Health
(Miscellaneous Amendments) Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 53] 3
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
s. 3 Part 2 Mental Health Act 1996 Amended
PART 2 MENTAL HEALTH ACT 1996 AMENDED
3. Principal Act
In this Part, the Mental Health Act 1996* is
referred to as the Principal Act.
4. Section 52 amended (Reviews of certain orders,
authorisations and admissions)
Section 52(4)(d) of the Principal Act is amended
by omitting "a person" and substituting "an
involuntary patient".
5. Section 72G amended (Medical treatment
generally)
Section 72G(6)(c) of the Principal Act is
amended by omitting "Secretary" and
substituting "Secretary (Youth Justice)".
6. Section 73V amended (Functions and powers of
Forensic Tribunal)
Section 73V of the Principal Act is amended as
follows:
(a) by omitting paragraph (j) from
subsection (1) and substituting the
following paragraphs:
*No. 31 of 1996
4
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
Part 2 Mental Health Act 1996 Amended s. 6
(j) to review, on the application of
responsible applicants, the
transfer under Part 12 of
(i) forensic patients who are
not prisoners; and
(ii) persons who are subject to
supervision orders;
(k) other functions imposed by this
or any other Act.
(b) by inserting the following subsection
after subsection (2):
(3) In this section
"responsible applicant", in
relation to a person who is
subject to a supervision
order or a forensic patient,
means
(a) the person or
forensic patient; or
(b) an applicant who is
responsible for the
person or forensic
patient; or
(c) an applicant who,
in the opinion of
the Forensic
Tribunal, has a
proper interest in
5
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
s. 7 Part 2 Mental Health Act 1996 Amended
the welfare of the
person or forensic
patient.
7. Section 82 amended (Transfer agreements)
Section 82 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) The Minister may enter into an
agreement with the Minister responsible
for the administration of a corresponding
law providing for the transfer of any one
or more of the following:
(a) involuntary patients;
(b) forensic patients who are not
prisoners;
(c) persons who are subject to
supervision orders.
8. Section 83 amended (Effect of transfer agreements)
Section 83(1) of the Principal Act is amended as
follows:
(a) by omitting "is in force under this
Division" and substituting "in force
under this Division so provides ";
(b) by inserting in paragraph (c) "relevant"
after "under the";
6
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
Part 2 Mental Health Act 1996 Amended s. 9
(c) by omitting from paragraph (c) "Act."
and substituting "Act; and";
(d) by inserting the following paragraphs
after paragraph (c):
(d) an order made under the relevant
corresponding law and
corresponding to a supervision
order has effect, subject to any
adaptations and modifications for
which the agreement provides, as
if it were a supervision order with
conditions corresponding to those
of the order made under the
corresponding law; and
(e) the supervision of a person
subject to a supervision order
may be transferred from the Chief
Forensic Psychiatrist to a medical
practitioner in the State or
Territory to which the agreement
relates.
9. Part 12, Division 2: Heading amended
Division 2 of Part 12 of the Principal Act is
amended by omitting "patients" from the
heading to that Division and substituting
"patients, &c.".
7
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
s. 10 Part 2 Mental Health Act 1996 Amended
10. Section 83A amended (Interpretation of Division)
Section 83A of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of "affected
jurisdiction":
"abscond" includes being absent
without leave of absence;
(b) by inserting the following definition after
the definition of "corresponding law":
"forensic patient" does not include a
forensic patient who is a prisoner;
11. Section 83B amended (Agreements for the return,
&c., of absconding involuntary patients, &c.)
Section 83B of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) The Minister may enter into an
agreement with the Minister responsible
for the administration of a corresponding
law providing for either or both of the
following:
(a) the apprehension, detention and
return of any one or more of the
following:
8
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
Part 2 Mental Health Act 1996 Amended s. 11
(i) involuntary patients or
forensic patients who
abscond from the
approved hospital or
secure mental health unit
at which they are being
lawfully detained and are
found at large in the
affected jurisdiction;
(ii) persons who are liable to
be detained at a secure
mental health unit as
forensic patients and are
found at large in the
affected jurisdiction;
(iii) persons who are in breach
of supervision orders and
are found at large in the
affected jurisdiction;
(b) the apprehension, detention and
return of any one or more of the
following:
(i) persons, other than
prisoners, who abscond
from the mental health
facility at which they are
being detained under the
corresponding law and are
found at large in this
State;
9
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
s. 12 Part 2 Mental Health Act 1996 Amended
(ii) persons, other than
prisoners, who are liable
to be detained at a mental
health facility under the
corresponding law and are
found at large in this
State;
(iii) persons who are in breach
of orders made under the
corresponding law for the
treatment in the
community of mental
illness (including any
orders of that kind that
correspond to supervision
orders) and are found at
large in this State.
12. Sections 83E and 83F substituted
Sections 83E and 83F of the Principal Act are
repealed and the following sections are
substituted:
83E. Apprehension, &c., of involuntary patients,
&c., from interstate
(1) This section applies if a person
(a) absconds from the mental health
facility at which he or she is
being detained under a
corresponding law or contravenes
a condition subject to which he or
10
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
Part 2 Mental Health Act 1996 Amended s. 12
she has been granted leave of
absence from that facility and, not
being a prisoner of the affected
jurisdiction, is found at large in
this State; or
(b) is liable to be detained at a mental
health facility under a
corresponding law and, not being
a prisoner of the affected
jurisdiction, is found at large in
this State; or
(c) is in breach of an order made
under a corresponding law for the
treatment in the community of
mental illness (including any
order of that kind that
corresponds to a supervision
order) and is found at large in this
State.
(2) The person may be apprehended by
(a) an authorised officer; or
(b) anyone who, under the
corresponding law, would be
authorised to apprehend the
person had the person been found
at large in the affected
jurisdiction.
(3) For the purposes of subsection (2), a
warrant or other instrument that, under
the corresponding law, would authorise
the apprehension of the person if he or
11
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
s. 12 Part 2 Mental Health Act 1996 Amended
she were found at large in the affected
jurisdiction also authorises the person's
apprehension in this State.
(4) On being apprehended, the person
(a) is to be taken to a mental health
facility of the affected
jurisdiction; but
(b) may be admitted to and detained
at an approved hospital or secure
mental health unit pending his or
her return to that jurisdiction.
(5) For the purpose of apprehending the
person
(a) an authorised officer may
exercise any powers that he or
she may exercise under
section 15 in relation to persons
being taken into protective
custody; and
(b) anyone acting under
subsection (2)(b) has the same
powers as an authorised officer.
83F. Apprehension, &c., of involuntary patients,
&c., found interstate
(1) This section applies if
(a) an involuntary patient or forensic
patient absconds from the
approved hospital or secure
12
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
Part 2 Mental Health Act 1996 Amended s. 12
mental health unit at which he or
she is being detained and is found
at large in another State; or
(b) an involuntary patient or forensic
patient contravenes a condition
subject to which he or she has
been granted leave of absence
from the approved hospital or
secure mental health unit at
which he or she is being detained
and is found at large in another
State; or
(c) a person who is liable to be
detained at a secure mental health
unit as a forensic patient (in this
section referred to as "the
unadmitted forensic patient") is
found at large in another State.
(2) The involuntary patient, forensic patient
or unadmitted forensic patient may be
apprehended and, as the case may be,
taken to the approved hospital or secure
mental health unit by
(a) an authorised officer; or
(b) a person who, under the law of
the affected jurisdiction, is
authorised to take the involuntary
patient, forensic patient or
unadmitted forensic patient to a
mental health facility in that
jurisdiction.
13
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
s. 12 Part 2 Mental Health Act 1996 Amended
83G. Apprehension, &c., of persons in breach of
supervision orders found interstate
(1) This section applies if a person in breach
of a supervision order is found at large in
another State.
(2) The person may be apprehended and
returned to this State and placed back
under the supervision of the Chief
Forensic Psychiatrist by
(a) an authorised officer; or
(b) a person who, under the law of
the affected jurisdiction, is
authorised to apprehend persons
in breach of orders of that
jurisdiction that correspond to
supervision orders.
14
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
Part 3 Community Protection (Offender Reporting) Act 2005 Amended s. 13
PART 3 COMMUNITY PROTECTION (OFFENDER
REPORTING) ACT 2005 AMENDED
13. Principal Act
In this Part, the Community Protection (Offender
Reporting) Act 2005* is referred to as the
Principal Act.
14. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from the
definition of "government custody" and
substituting the following paragraph:
(a) custody as a prisoner or detainee
or as a mentally impaired
defendant where the order made
under the Criminal Justice
(Mental Impairment) Act 1999
requires the person to be detained
in a secure mental health unit (or,
in the case of an order made
under Part 4 of that Act before
20 February 2006, detained in a
special facility within the
meaning of that Act as originally
enacted) or to be kept in
government custody; or
*No. 61 of 2005
15
Mental Health (Miscellaneous Amendments) Act 2006
Act No. of
s. 14 Part 3 Community Protection (Offender Reporting) Act 2005 Amended
(b) by omitting paragraph (c) from the
definition of "sentence" and substituting
the following paragraph:
(c) an order made under the Criminal
Justice (Mental Impairment) Act
1999; and
16 Government Printer, Tasmania