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TASMANIA
MENTAL HEALTH AMENDMENT (COMMUNITY
TREATMENT ORDERS) BILL 2004
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Act binds the Crown
5. Section 24 amended (Criteria for detention as involuntary patient)
6. Section 26 amended (Initial order for admission)
7. Section 41 amended (Making of community treatment order)
8. Section 43 amended (Requirements of patient under community
treatment order)
9. New Section 44A inserted (Patient fails to comply with community
treatment order requirements)
10. Section 65 amended (Powers of Tribunal on review)
(Blank for printing purposes)
MENTAL HEALTH AMENDMENT (COMMUNITY
TREATMENT ORDERS) BILL 2004
(Brought in by Tim Morris MHA)
A BILL FOR
An Act to amend the Mental Health Act 1996 to improve compliance
with Community Treatment Orders and to separate the legal roles from
the treatment roles in preparing Community Treatment Orders.
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:
Short title
1. This Act may be cited as the Mental Health Amendment (Community
Treatment Orders) Act 2004.
Commencement
2. This Act commences on the day on which it receives the Royal
Assent.
Principal Act
3. In this Act the Mental Health Act 1996! is referred to as the Principal
Act.
Act binds the Crown
4. This Act binds the Crown in right of Tasmania and, so far as the
legislative power of Parliament permits, in all its other capacities.
Section 24 amended (Criteria for detention as involuntary patient)
5. Section 24 of the Principal Act is amended by inserting new
paragraph after (d) as follows:
(e) should the patient be deemed to have breached the requirements of
a community treatment order under section 43.
Section 26 amended (Initial order for admission)
6. Section 26 (2) of the Principal Act is amended by inserting "or that
the patient has failed to comply with their Community Treatment
Order" after "matters referred to in section 24".
Section 41 amended (Making of community treatment order)
7. Section 41 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "made" and substituting
"recommended"
Section 43 amended (Requirements of patient under community
treatment order)
!
No. 31 of 1996
8. Section 43 of the Principal Act is amended by inserting after
paragraph (c) the following paragraph:
(d) If a patient fails to comply with (a) (b) or (c) in this clause then
they will be deemed to have breached provisions of the order and
in doing so will have met the criteria for an initial order in section
26.
New Section 44A inserted (Patient fails to comply with community
treatment order requirements)
9. The Principal Act is amended by inserting after section 44 (4) (d) new
Section 44A as follows:
44A. If the person to whom a Community Treatment Order relates
fails to comply with the terms of Section 43:
(1) An approved medical practitioner who is in charge of a patient's
treatment may amend a community treatment order.
(2) The Tribunal must review an amended Community Treatment
Order within 28 days after the date when the order is amended
under subsection (1), and the Tribunal's review is to be conducted
in accordance with Section 52.
(3) If a Community Treatment Order is amended under subsection (1)
the patient has the right to seek a review under Section 53.
Section 65 amended (Powers of Tribunal on review)
10. Section 65 (1) subsection (a) of the Principal Act is amended by
inserting ", or requirements of the order.", after "confirm or vary the
decision or order".