- 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 - Principles and Policies 15. Mental health service delivery principles 16. Circumstances in which treatment may be given PART 2 - Protective Custody 17. Power to take person into protective custody 18. Handover of person taken into protective custody 19. Dealing with person in protective custody 20. Release of person from protective custody 21. Records, &c. PART 3 - Involuntary Patients Division 1 - Assessment orders 22. Who can make an assessment order? 23. Application for assessment order 24. Determination of application for 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. Ensuring patient presents for assessment 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. Ensuring patient presents for treatment, &c. 47. Failure to comply with treatment order 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. Failure to comply with condition of leave of absence from approved hospital Division 7 - Patient rights 62. Rights of involuntary patients Division 8 - Admission of involuntary patients to SMHU 63. Admission 64. Admissions procedure, extensions and transfer 65. Period of detention 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 - Further rights, &c. 108. Further rights of forensic patients 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 Psychiatrists Division 1 - Appointment 143. Chief Civil Psychiatrist 144. Chief Forensic Psychiatrist 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 - Mental Health Tribunal Division 1 - Administrative 167. Establishment 168. Functions 169. Powers 170. Divisions 171. Acting by majority 172. Interim determinations on adjournment 173. Questions of law 174. Appeals from determinations 175. Appeals procedure 176. Registrar and staff 177. Register 178. Annual report 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 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 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 officer 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. Contravention of Tribunal determinations 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. Errors affecting orders 225. Status of notices 226. Service of documents 227. Regulations 228. Amendment of Schedule 1 229. Review of Act 230. Administration of Act 231. Legislation repealed 232. Legislation rescinded 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. ]