MENTAL HEALTH ACT 2013
MENTAL HEALTH ACT 2013
- Act 2 of 2013
- Royal Assent 13 May 2013
TABLE OF PROVISIONS
Long Title
Chapter 1 - Preliminary PART 1 - Short Title and Commencement
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. Section 23
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. Section 31
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. Section 46
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 -
. . . . . . . .
62. Section 62
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 -
. . . . . . . .
108. Section 108
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. Section 144
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. Section 167
168. Functions
169. Powers
170. Section 170
171. Section 171
172. Interim determinations on adjournment
173. Section 173
174. Section 174
175. Section 175
176. Section 176
177. Register
178. Section 178
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. Section 216
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. Section 229
230. Administration of Act
231. Legislation repealed
232. Legislation rescinded
233. Validation
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
[ Note: This table has been automatically generated and may be incomplete. ]