MENTAL HEALTH ACT 2013 (NO. 2 OF 2013) - SECT 179 The Tribunal's review function
MENTAL HEALTH ACT 2013 (NO. 2 OF 2013) - SECT 179
Division 2 - Reviews The Tribunal's review function
(1) The Tribunal is to review, in accordance with this Division (a) the making of assessment orders; and(b) treatment orders (and their variation and discharge); and(c) admissions of involuntary patients to SMHUs; and(d) the status of voluntary inpatients; and(e) the placement of any involuntary patient or forensic patient under seclusion or restraint; and(f) the application of force to any forensic patient; and(g) the withholding, from any patient, of information by persons; and(h) the transfer of any involuntary patient or forensic patient within Tasmania; and(i) the granting, refusal, cancellation or variation of leave of absence for any involuntary patient or forensic patient who is not subject to a restriction order; and(j) the exercise of visiting, correspondence or telephone rights by any forensic patient.(2) The Tribunal is also required to review (a) as provided by section 36B of the Corrections Act 1997 , admissions of prisoners to secure mental health units; and(b) as provided by section 134B of the Youth Justice Act 1997 , admissions of youth detainees to secure mental health units; and(c) as provided by section 37 of the Criminal Justice (Mental Impairment) Act 1999 , restriction orders or supervision orders made under that Act.(3) The Tribunal may also review (a) CFP refusals, under section 70 , to return forensic patients to the custody of the Director or the Secretary (Youth Justice); and(b) the giving of urgent circumstances treatment to any involuntary or forensic patient; and(c) the exercise of a Chief Psychiatrist's power of direct intervention; and(d) any matter referred to it by, or at the direction or instigation of, a Chief Psychiatrist; and(e) any matter prescribed by the regulations.