Chapter 1 Preliminary

Part 1 Short Title and Commencement

1 Short title

This Act may be cited as the Mental Health Act 2013 .

2 Commencement

[Section 2 Amended by No. 69 of 2013, Sched. 2, Applied:17 Feb 2014] The provisions of this Act commence on a day or days to be proclaimed but, if not all of the provisions have commenced before 17 February 2014, the provisions of this Act that have not commenced before that date commence on that date.

Part 2 Interpretation

3 Interpretation

(1)  In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023]

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023] Aboriginal person has the same meaning as in the Aboriginal Lands Act 1995 ;

adult means a person who has attained the age of 18 years;

ambulance officer means an officer of the Ambulance Service within the meaning of the Ambulance Service Act 1982 ;

appropriate record, of any matter, means a record of the matter that sets out relevant particulars and circumstances;

approved assessment centre means an assessment centre that is approved under section 140 ;

approved facility means an approved hospital, an approved assessment centre or a secure mental health unit;

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023]

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023] approved form means a form approved by the Chief Psychiatrist;

approved hospital means a hospital approved under section 140 ;

approved medical practitioner – see section 138 ;

approved nurse – see section 138 ;

assessment criteria means the criteria set out in section 25 ;

assessment order means an assessment order made under Division 1 of Part 3 of Chapter 2 ;

authorised person – see section 109 ;

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023]

chemical restraint means medication given primarily to control a person's behaviour, not to treat a mental illness or physical condition;

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023]

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023] Chief Psychiatrist means the person for the time being holding or acting in the office referred to in section 143 ;

child means a person who has not attained the age of 18 years;

clinical guidelines – see section 151 ;

clinical reasons, for granting any patient a leave of absence under this Act, include –

(a) facilitating the patient's rehabilitation or reintegration into the community; and

(b) furthering the patient's treatment; and

(c) reasons deemed appropriate by the person authorised to grant the leave;

[Section 3 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] communication aid means any electronic or other device used to assist a person to communicate;

controlling authority means –

(a) for an approved facility run by or on behalf of the State, the Secretary; and

(b) for any other approved facility, the person for the time being in overall charge of the day-to-day clinical management of that facility;

custody and escort provisions means the custody and escort provisions in Schedule 2 ;

decision-making capacity – see section 7 ;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021]

Deputy Public Guardian means the Deputy Public Guardian under the Guardianship and Administration Act 1995 ;

[Section 3 Subsection (1) amended by No. 59 of 2016, s. 5, Applied:01 Jul 2017] Director means the Director of Corrective Services appointed under the Corrections Act 1997 ;

disability means any restriction or lack of ability to perform an activity in a normal manner (being a restriction or lack of ability arising from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function);

eligible person means a person registered in relation to a particular forensic patient in the Eligible Persons Register;

Eligible Persons Register means the register kept under section 87A of the Corrections Act 1997 ;

financial year means the 12-month period ending on 30 June in any year;

forensic patient means a person admitted to an SMHU under section 68 and not discharged from the SMHU;

general health care means medical, dental or other health treatment not primarily aimed at the treatment or alleviation of mental illness;

[Section 3 Subsection (1) amended by No. 59 of 2016, s. 5, Applied:01 Jul 2017]

government premises means premises run by or on behalf of the State;

guardian has the same meaning as in the Guardianship and Administration Act 1995 ;

Health Complaints Commissioner means the person for the time being holding or acting in the appointment referred to in section 5 of the Health Complaints Act 1995 ;

health professional means a person registered under the Health Practitioner Regulation National Law (Tasmania) in any profession;

informed consent, to assessment or treatment – see sections 8 and 9 ;

involuntary patient means a person who is subject to an assessment order or treatment order;

make, a record, includes causing the record to be made;

mechanical restraint means a device that controls a person's freedom of movement;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] member has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ;

mental health officer means a person who, under section 139 , is a mental health officer for the provision in which the expression is used;

mental health service delivery principles – see section 15 and Schedule 1 ;

mental illness – see section 4 ;

MHO means mental health officer;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] [Section 3 Subsection (1) amended by S.R. 2020, No. 20, Applied:25 Mar 2020]

notice means written notice;

nurse means a registered nurse or enrolled nurse;

Official Visitor means a person for the time being holding an appointment under section 155(2) ;

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023]

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023] parent, of a child, includes –

(a) a person who –

(i) in respect of the child, has all of the duties, powers, responsibilities and authority which, by law, parents have in relation to their children; or

(ii) is the legal guardian of the child; or

(iii) has the legal custody of the child; and

(b) if there is no person who falls within paragraph (a) in respect of the child, a person who –

(i) generally acts as a parent of the child; and

(ii) has acted as a parent of the child for a significant length of time; and

(iii) is recognised by the child as a parental figure for the child;

patient means, according to the context, a voluntary inpatient, involuntary patient or forensic patient and, in Part 6 of Chapter 2 , includes a voluntary patient;

personal reasons for granting any patient a leave of absence under this Act include –

(a) visiting a sick or dying relative or close friend; and

(b) attending the funeral of a relative or close friend; and

(c) attending a wedding or graduation of a relative or close friend; and

(d) attending a family occasion of special importance; and

(e) [Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023] [Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023] if the patient is an Aboriginal person, attending an event of cultural or spiritual significance to Aboriginal persons; and

(f) attending a special religious event or service; and

(g) attending a reunion or commemoration;

physical aids includes –

(a) spectacles and hearing aids; and

(b) prostheses; and

(c) inhalers, ventilators and oxygen apparatuses; and

(d) crutches, wheelchairs and walking frames;

physical restraint means bodily force that controls a person's freedom of movement;

place, a document on a clinical record, includes causing the document to be placed on the clinical record;

premises includes a part of the premises;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] President has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] President of the Tribunal means the President;

Principal Official Visitor means the person for the time being holding an appointment under section 155(1) ;

prison means –

(a) a prison within the meaning of the Corrections Act 1997 ; or

(b) a detention centre within the meaning of the Youth Justice Act 1997 ;

prisoner means –

(a) a prisoner or detainee within the meaning of the Corrections Act 1997 ; or

(b) a person serving a sentence of detention imposed under the Youth Justice Act 1997 or subject to an order under that Act remanding the person to a detention centre;

privileged caller – see section 98 ;

privileged correspondent – see section 98 ;

privileged visitor – see section 98 ;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] proper matter includes the objects of this Act, the mental health service delivery principles set out in Schedule 1 , Tribunal guidelines, clinical guidelines and standing orders;

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023]

psychiatrist means a medical practitioner who –

(a) is a Fellow of the Royal Australian and New Zealand College of Psychiatrists; or

(b) holds specialist registration in the specialty of psychiatry; or

(c) holds limited registration that enables the medical practitioner to practise the specialty of psychiatry;

Public Guardian means the Public Guardian under the Guardianship and Administration Act 1995 ;

record includes an electronic record;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] Registrar has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ;

regulations means the regulations made and in force under this Act;

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023]

representative, of a patient or prospective patient, means –

(a) the patient's guardian; or

(b) [Section 3 Subsection (1) amended by No. 59 of 2016, s. 5, Applied:01 Jul 2017] the patient's Australian lawyer; or

(c) if the patient is a child and raises no objection, a parent of the patient; or

(d) any other person nominated by the patient to represent his or her interests;

responsibility means a power, function or duty;

[Section 3 Subsection (1) amended by S.R. 2020, No. 20, Applied:25 Mar 2020] responsible Minister means the Minister to whom the administration of this Act, except Parts 2 and 3 of Chapter 3 , and Schedules 3 , 4 and 5 , is assigned;

restraint means any form of chemical, mechanical or physical restraint;

restriction order means a restriction order made under the Criminal Justice (Mental Impairment) Act 1999 or Sentencing Act 1997 ;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] review means a review for the purposes of, or required under, this Act;

seclusion means the deliberate confinement of an involuntary patient or forensic patient, alone, in a room or area that the patient cannot freely exit;

Secretary means the Secretary of the Department;

Secretary (Corrections) means the Secretary of the responsible Department in relation to the Corrections Act 1997 ;

Secretary (Youth Justice) means the Secretary of the responsible Department in relation to the Youth Justice Act 1997 ;

secure institution – see section 141 ;

secure mental health unit means a secure mental health unit approved for this Act under section 140 ;

sentence of imprisonment includes a sentence of detention imposed under the Youth Justice Act 1997 ;

setting, of any assessment or treatment, means its setting in terms of whether the assessment or treatment occurs or is given in the community or in an approved facility or by some combination thereof;

SMHU means secure mental health unit;

special psychiatric treatment – see section 122(1) ;

standing orders – see section 152 ;

State includes Territory;

statement of rights means a written statement that sets out and succinctly explains, in plain language, what rights a patient or prospective patient has in the particular circumstances under this Act in which he or she is required to be given such a statement;

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023]

statutory rule means a statutory rule within the meaning of the Rules Publication Act 1953 ;

supervision order means a supervision order made under the Criminal Justice (Mental Impairment) Act 1999 or Sentencing Act 1997 ;

support person, of a patient or prospective patient, means a person who provides the patient with ongoing care or support;

[Section 3 Subsection (1) amended by No. 4 of 2023, s. 43, Applied:25 Sep 2023] temporarily detain, a person for the purposes of assessment – see Part 2 of chapter 2 ;

treating medical practitioner means the medical practitioner who is responsible for a patient's treatment or proposed treatment;

treatment – see section 6 ;

treatment criteria means the criteria set out in section 40 ;

treatment order means a treatment order made under Division 2 of Part 3 of Chapter 2 , and includes an interim treatment order made under section 38 ;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] Tribunal means the Tasmanian Civil and Administrative Tribunal;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] Tribunal guidelines –see section 169 ;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 253, Applied:05 Nov 2021] Tribunal staff member means a State Servant whose services are made available to the Tribunal pursuant to section 56 of the Tasmanian Civil and Administrative Tribunal Act 2020 ;

urgent circumstances treatment – see section 55 and section 87 ;

varying, the conditions of any leave, includes adding new conditions and substituting or revoking existing conditions;

voluntary inpatient, of an approved facility, means a person who –

(a) has been admitted to the facility voluntarily to receive treatment for a mental illness; and

(b) is receiving that treatment on the basis of informed consent;

voluntary patient means a person who is not an involuntary patient or a forensic patient;

youth detainee means a person who is –

(a) serving a sentence of detention imposed under the Youth Justice Act 1997 that would, if the person were not a forensic patient, be served in a detention centre; or

(b) subject to an order under the Youth Justice Act 1997 or another Act remanding the person to a detention centre.

(2)  [Section 3 Subsection (2) omitted by No. 4 of 2023, s. 43, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(3)  A note in the text of this Act does not form part of this Act.

4 Meaning of mental illness

(1)  For the purposes of this Act –

(a) a person is taken to have a mental illness if he or she experiences, temporarily, repeatedly or continually –

(i) a serious impairment of thought (which may include delusions); or

(ii) a serious impairment of mood, volition, perception or cognition; and

(b) nothing prevents the serious or permanent physiological, biochemical or psychological effects of alcohol use or drug-taking from being regarded as an indication that a person has a mental illness.

(2)  However, under this Act, a person is not to be taken to have a mental illness by reason only of the person's –

(a) current or past expression of, or failure or refusal to express, a particular political opinion or belief; or

(b) current or past expression of, or failure or refusal to express, a particular religious opinion or belief; or

(c) current or past expression of, or failure or refusal to express, a particular philosophy; or

(d) [Section 4 Subsection (2) amended by No. 4 of 2023, s. 44, Applied:25 Sep 2023] current or past expression of, or failure or refusal to express, a particular –

(i) sexual preference or orientation; or

(ii) gender identity or expression; or

(e) current or past engagement in, or failure or refusal to engage in, a particular political or religious activity; or

(f) current or past engagement in a particular sexual activity or sexual promiscuity; or

(g) current or past engagement in illegal conduct; or

(h) current or past engagement in an antisocial activity; or

(i) particular economic or social status; or

(j) membership of a particular cultural or racial group; or

(k) intoxication (however induced); or

(l) intellectual or physical disability; or

(m) acquired brain injury; or

(n) dementia; or

(o) temporary unconsciousness.

5 Meaning of assessment

For the purposes of this Act, assessment is the clinical process involved in diagnosing the condition of a person's mental health and, where necessary, identifying the most appropriate treatment.

6 Meaning of treatment

(1)  For the purposes of this Act, treatment is the professional intervention necessary to –

(a) prevent or remedy mental illness; or

(b) manage and alleviate, where possible, the ill effects of mental illness; or

(c) reduce the risks that persons with mental illness may, on that account, pose to themselves or others; or

(d) [Section 6 Subsection (1) amended by No. 4 of 2023, s. 45, Applied:25 Sep 2023] assess a person's mental state.

(2)  However, this professional intervention does not extend to –

(a) special psychiatric treatment; or

(b) a termination of pregnancy; or

(c) a procedure that could render a person permanently infertile; or

(d) the removal, for transplantation, of human tissue that cannot thereafter be replaced by natural processes of growth or repair; or

(e) general health care.

(3)  [Section 6 Subsection (3) inserted by No. 59 of 2016, s. 6, Applied:01 Jul 2017] For the purposes of this Act, treatment does not include seclusion, chemical restraint, mechanical restraint or physical restraint.

7 Capacity of adults and children to make decisions about their own assessment and treatment

(1)  [Section 7 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] For the purposes of this Act, an adult is taken to have the capacity to make a decision about his or her own assessment or treatment (decision-making capacity) unless a person or body considering that capacity under this Act is satisfied that –

(a) he or she is unable to make the decision because of an impairment of, or disturbance in, the functioning of the mind or brain; and

(b) he or she is unable to –

(i) understand information relevant to the decision; or

(ii) retain information relevant to the decision; or

(iii) use or weigh information relevant to the decision; or

(iv) communicate the decision (whether by speech, gesture or other means).

(2)  [Section 7 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] For the purposes of this Act, a child is taken to have the capacity to make a decision about his or her own assessment or treatment (decision-making capacity) only if a person or body considering that capacity under this Act is satisfied that –

(a) the child is sufficiently mature to make the d ecision; and

(b) notwithstanding any impairment of, or disturbance in, the functioning of the child's mind or brain, the child is able to –

(i) understand information relevant to the decision; and

(ii) retain information relevant to the decision; and

(iii) use or weigh information relevant to the decision; and

(iv) communicate the decision (whether by speech, gesture or other means).

(3)  For the purposes of this section –

(a) an adult or child may be taken to understand information relevant to a decision if it reasonably appears that he or she is able to understand an explanation of the nature and consequences of the decision given in a way that is appropriate to his or her circumstances (whether by words, signs or other means); and

(b) an adult or child may be taken to be able to retain information relevant to a decision even if he or she may only be able to retain the information briefly.

(4)  In this section –

information relevant to a decision includes information on the consequences of –

(a) making the decision one way or the other; and

(b) deferring the making of the decision; and

(c) failing to make the decision.

8 Meaning of informed consent to assessment or treatment

(1)  [Section 8 Subsection (1) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] For the purposes of this Act, a medical practitioner may regard a person's consent to an assessment, treatment or special psychiatric treatment as being informed consent if satisfied that –

(a) the person, at the time of giving the consent, has decision-making capacity; and

(b) the person has had a reasonable opportunity to make a considered decision whether or not to give the consent; and

(c) the person, having had that opportunity, has given the consent freely by some positive means, not by mere acquiescence.

(2)  [Section 8 Subsection (2) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] For the purposes of subsection (1)(b) in its application to a treatment or special psychiatric treatment, a person may be taken to have had the requisite reasonable opportunity if –

(a) [Section 8 Subsection (2) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] the treating medical practitioner and the person have discussed the treatment or special psychiatric treatment; and

(b) [Section 8 Subsection (2) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] in those discussions the person was given an opportunity to disclose his or her priorities, expectations and fears about the treatment or special psychiatric treatment; and

(c) following those discussions the person was given –

(i) [Section 8 Subsection (2) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] a clear and candid explanation of the advantages and disadvantages of the treatment or special psychiatric treatment, including information about the associated risks and common or expected side effects; and

(ii) where applicable, a clear and candid explanation of the alternative treatments that may be available, including information about the associated advantages and disadvantages; and

(iii) clear and candid answers to any questions the person may have had; and

(iv) [Section 8 Subsection (2) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] any other information that was considered, by the treating medical practitioner or person, to be of relevant importance and likely to influence the person's decision-making with regard to the treatment or special psychiatric treatment; and

(v) a reasonable opportunity to –

(A) obtain independent medical or other advice; and

(B) consider the advantages and disadvantages of giving the consent.

(3)  For the purposes of subsection (1)(c) , a person is taken to have given consent freely if the consent is given without coercion, pressure or undue influence, whether from another person or a medication.

(4)  For the purposes of subsection (2) , the information, explanations or answers must have been in a language and form that the person could understand.

(5)  [Section 8 Subsection (5) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] [Section 8 Subsection (5) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] Nothing in this Act is to be taken to prevent a person with decision-making capacity from withdrawing his or her consent to an assessment, treatment or special psychiatric treatment before the assessment, treatment or special psychiatric treatment is made or provided and, if he or she does so, he or she is not to be taken to have given informed consent to the assessment, treatment or special psychiatric treatment.

9 Informed consent for child who lacks capacity to decide on own assessment or treatment

(1)  For the purposes of this Act, informed consent for the assessment or treatment of a child who lacks decision-making capacity may be given by a parent of the child.

(2)  To avoid doubt, for subsection (1) the informed consent of one parent is sufficient.

(3)  [Section 9 Subsection (3) substituted by No. 4 of 2023, s. 47, Applied:25 Sep 2023] Informed consent for the assessment or treatment of a child who lacks decision-making capacity –

(a) may be withdrawn, at any time, by –

(i) the parent who gave the informed consent; or

(ii) if the parent who gave the informed consent is unable to withdraw the consent or has ceased to be a parent of the child, another parent of the child; and

(b) if practicable to do so, is to be withdrawn, in accordance with paragraph (a) , before the assessment is made or the treatment is provided.

(4)  [Section 9 Subsection (4) substituted by No. 4 of 2023, s. 47, Applied:25 Sep 2023] Nothing in this Act is to be taken to prevent the withdrawal, under subsection (3) , of consent to an assessment or a treatment before the assessment is made or the treatment is provided.

(5)  [Section 9 Subsection (5) inserted by No. 4 of 2023, s. 47, Applied:25 Sep 2023] For the avoidance of doubt, if a parent of a child withdraws consent, under subsection (3) , to the assessment or treatment of the child –

(a) informed consent is not to be taken to have been given to the assessment or treatment of the child if the consent is withdrawn before the assessment, or the treatment, of the child; and

(b) if the informed consent is withdrawn during an assessment or treatment, the assessment or treatment is to be stopped as soon as it is medically safe to do so; and

(c) nothing in this Act prevents another parent of the child from providing informed consent, in accordance with this Act, for the same assessment or treatment of the child.

10 Identifying representatives of patients, &c.

(1)  Where this Act requires a notice or other document to be given to a representative or support person of a patient, it means that the document is to be given to someone who is, to the knowledge of the person who has to comply with the requirement, such a representative or support person.

(2)  For the purposes of subsection (1) , the requisite standard of knowledge is knowledge that is already to hand or readily discoverable on reasonable inquiry, not knowledge that might only be discoverable after arduous or prolonged inquiry.

11 Timing of actions

(1)  [Section 11 Subsection (1) substituted by No. 59 of 2016, s. 7, Applied:01 Jul 2017] Where this Act requires an action to be taken, then, unless the contrary intention appears, the action must be taken as soon as practicable.

(2)  For the purposes of subsection (1)  –

(a) it is irrelevant whether the requirement is mandatory or directory; and

(b) it is irrelevant how the requirement is expressed or described.

Part 3 Objects, Status and Scope of Act

12 Objects of Act

The objects of this Act are as follows:

(a) [Section 12 Amended by No. 59 of 2016, s. 8, Applied:01 Jul 2017] to provide for the assessment and treatment of persons with mental illnesses;

(b) [Section 12 Amended by No. 59 of 2016, s. 8, Applied:01 Jul 2017] to provide for appropriate oversight and safeguards in relation to such assessment and treatment;

(c) [Section 12 Amended by No. 59 of 2016, s. 8, Applied:01 Jul 2017] to give everyone involved with such assessment and treatment clear direction as to their rights and responsibilities;

(d) [Section 12 Amended by No. 59 of 2016, s. 8, Applied:01 Jul 2017] to provide for such assessment and treatment to be given in the least restrictive setting consistent with clinical need, legal and judicial constraints, public safety and patient health, safety and welfare;

(e) to promote voluntary over involuntary assessment and treatment and the making of free and informed assessment and treatment choices;

(f) to provide for all incidental and ancillary matters.

13 Status of Act

[Section 13 Amended by No. 59 of 2016, s. 9, Applied:01 Jul 2017] This Act is intended to be the primary source of authority for the involuntary assessment and treatment of persons with mental illness in this State.

14 Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

Chapter 2 Assessment, Treatment and Management of patients

15 Mental health service delivery principles

[Section 15 Substituted by No. 4 of 2023, s. 49, Applied:25 Sep 2023]

(1)  All persons exercising responsibilities under this Act, including but not limited to the performance of functions and the exercise of powers, must have regard to the mental health service delivery principles set out in Schedule 1 when exercising those responsibilities.

(2)  Despite subsection (1) , a person exercising responsibilities under this Act –

(a) is not required to make a distinct note, or a formal or informal record, of the mental health service delivery principles taken into account when exercising the responsibilities; and

(b) may place one mental health service delivery principle above another when exercising the responsibilities, if the person considers it reasonable to do so in the circumstances.

15A Rights of patients

[Section 15A Inserted by No. 4 of 2023, s. 49, Applied:25 Sep 2023]

(1)  Each person receiving an assessment or treatment under this Act has the following rights:

(a) the right to receive the assessment, or treatment, under this Act in accordance with the mental health service delivery principles;

(b) the right to have any restriction on, or interference with, the person's dignity, rights and freedoms to be limited as much as possible when taking into account the person's health and safety and the safety of others;

(c) the right to promote, and make prominent, the person's decision-making capacity, and to respect the person's wishes, to the maximum extent possible when taking into account the person's health and safety and the safety of others;

(d) the right to be given clear, accurate and timely information about –

(i) the person's rights as a patient; and

(ii) the person's diagnosis and treatment.

(2)  In addition to the rights under subsection (1) , a person who is a forensic patient, or involuntary patient, also has the following rights while admitted to an approved facility:

(a) the right to be detained in a manner that is appropriate in respect of the patient's assessment, treatment or care requirements;

(b) the right to be given clear and timely information about the rules, and conditions, governing the patient's conduct in the relevant approved facility, including any relevant context in respect of a change in those rules or conditions while the patient is at the relevant approved facility;

(c) the right to have access to current information about local, national and world events;

(d) the right to ask for a leave of absence from the relevant approved facility;

(e) the right to seek legal advice and have contact with, including the right to correspond privately with, Official Visitors and the patient's representatives and support persons;

(f) the right to be provided with general health care;

(g) the right not to be unreasonably deprived of any necessary physical or communication aids;

(h) the right –

(i) to wear suitable clothing of the patient's own, if appropriate in the relevant approved facility; or

(ii) to be provided with basic clean clothing that is appropriate to the climate and the patient's size;

(i) the right to be provided with –

(i) food that is adequate to maintain the health and wellbeing of the patient; and

(ii) a diet that has reasonable variation; and

(iii) special dietary food, if the Chief Psychiatrist is satisfied that it is necessary for medical reasons, the patient's religious beliefs or the patient's dietary practices;

(j) the right to adequate toilet and sanitary arrangements;

(k) the right to adequate light and ventilation;

(l) the right –

(i) to practise a religion, or custom, in accordance with the patient's religious or cultural beliefs; and

(ii) if consistent with the management and security requirements of the relevant approved facility –

(A) to join with other patients in practising the religion or custom; and

(B) to possess such articles as are reasonably necessary for the practice of the religion or custom;

(m) the right to ask for, and receive, such reasonable help from the staff of the relevant approved facility so as to enable the patient to enjoy the rights specified in this section.

16 Circumstances in which treatment may be given

(1)  The following policy governs the treatment of voluntary patients under this Act:

(a) a voluntary patient may be given treatment with informed consent, either as a hospital inpatient or in the community;

(b) [Section 16 Subsection (1) amended by No. 59 of 2016, s. 10, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(c) a voluntary patient may be given special psychiatric treatment if –

(i) the treatment is authorised by the Tribunal under Part 6 ; and

(ii) where the treatment is psychosurgery or a treatment that requires informed consent under that Part, informed consent has been given for the treatment;

(d) a voluntary patient can never be given special psychiatric treatment except as provided by paragraph (c) .

(2)  The following policy governs the treatment of involuntary patients under this Act who are not forensic patients or involuntary patients to whom section 66 applies:

(a) an involuntary patient may be given treatment –

(i) with informed consent; or

(ii) if the treatment is authorised by a treatment order; or

(iii) if the treatment is urgent circumstances treatment, the treatment is authorised under section 55 ;

(b) [Section 16 Subsection (2) amended by No. 59 of 2016, s. 10, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(c) an involuntary patient may be given special psychiatric treatment if –

(i) the special psychiatric treatment is authorised by the Tribunal under Part 6 ; and

(ii) where the treatment is psychosurgery or a treatment that requires informed consent under that Part, informed consent has been given for the treatment;

(d) an involuntary patient can never be given special psychiatric treatment except as provided by paragraph (c) .

(3)  The following policy governs the treatment under this Act of forensic patients or involuntary patients to whom section 66 applies:

(a) a forensic patient, or an involuntary patient to whom section 66 applies, may be given treatment –

(i) with informed consent; or

(ii) if the treatment is authorised by the Tribunal (or a member of the Tribunal) under Division 2 of Part 5 ; or

(iii) if the patient is also an involuntary patient, if the treatment is authorised by a treatment order; or

(iv) if the treatment is urgent circumstances treatment, if the treatment is authorised under section 87 ;

(b) [Section 16 Subsection (3) amended by No. 59 of 2016, s. 10, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(c) a forensic patient, or an involuntary patient to whom section 66 applies, may be given special psychiatric treatment if –

(i) the special psychiatric treatment is authorised by the Tribunal under Part 6 ; and

(ii) if the treatment is psychosurgery or a treatment that requires informed consent under that Part, informed consent has been given for the treatment;

(d) a forensic patient, or an involuntary patient to whom section 66 applies, can never be given special psychiatric treatment except as provided by paragraph (c) .

17 Power to temporarily detain person for assessment

(1)  [Section 17 Subsection (1) amended by No. 4 of 2023, s. 51, Applied:25 Sep 2023] An MHO or police officer may temporarily detain a person for the purpose of assessing the person if the MHO or police officer reasonably believes that –

(a) the person has a mental illness; and

(b) [Section 17 Subsection (1) amended by No. 4 of 2023, s. 51, Applied:25 Sep 2023] the person should be assessed against the assessment criteria; and

(c) [Section 17 Subsection (1) amended by No. 4 of 2023, s. 51, Applied:25 Sep 2023] the person's safety or the safety of other persons is likely to be at risk if the person is not so detained.

Note

Mental illness has the meaning set out in section 4 . The assessment and treatment criteria are set out in section 25 and section 40 respectively.

(2)  For the purposes of subsection (1)  –

(a) no form of warrant is required; and

(b) the MHO or police officer is not required to confirm whether, under this or any other Act, another process is in train in respect of the person; and

(ba) [Section 17 Subsection (2) amended by No. 4 of 2023, s. 51, Applied:25 Sep 2023] a police officer is not required to exercise clinical judgment when forming a reasonable belief as to whether a person –

(i) has a mental illness; or

(ii) should be assessed against the assessment criteria; and

(c) [Section 17 Subsection (2) amended by No. 4 of 2023, s. 51, Applied:25 Sep 2023] the custody and escort provisions apply, and continue to apply while the person remains detained in accordance with that subsection.

18 Handover of person temporarily detained for assessment

(1)  [Section 18 Subsection (1) amended by No. 4 of 2023, s. 52, Applied:25 Sep 2023] An MHO or police officer who temporarily detains a person for the purposes of assessment –

(a) [Section 18 Subsection (1) amended by No. 4 of 2023, s. 52, Applied:25 Sep 2023] must escort the person to an approved assessment centre (or ensure that another MHO or police officer does so) if the person is not already at an approved assessment centre; and

(b) [Section 18 Subsection (1) amended by No. 4 of 2023, s. 52, Applied:25 Sep 2023] may ask any MHO at the approved assessment centre to continue to so detain the person.

(2)  [Section 18 Subsection (2) amended by No. 4 of 2023, s. 52, Applied:25 Sep 2023] An MHO who is asked to continue to detain a person pursuant to subsection (1)(b) must comply with the request unless it would be unsafe in the circumstances to do so.

(3)  [Section 18 Subsection (3) amended by No. 4 of 2023, s. 52, Applied:25 Sep 2023] The temporary detaining of a person for assessment is not taken to have been interrupted or terminated merely because physical control of the person has been handed over from one MHO or police officer to another such officer.

19 Dealing with person while temporarily detained

(1)  [Section 19 Subsection (1) amended by No. 4 of 2023, s. 53, Applied:25 Sep 2023] This section applies if a person who is temporarily detained for assessment has been escorted to, or detained at, an approved assessment centre pursuant to section 18 .

(2)  The controlling authority of the approved assessment centre must –

(a) [Section 19 Subsection (2) amended by No. 4 of 2023, s. 53, Applied:25 Sep 2023] give the person a statement of rights in an approved form; and

(b) [Section 19 Subsection (2) amended by No. 4 of 2023, s. 53, Applied:25 Sep 2023] have the person examined by a medical practitioner to see if the person needs to be assessed against the assessment criteria or the treatment criteria; and

(c) [Section 19 Subsection (2) amended by No. 4 of 2023, s. 53, Applied:25 Sep 2023] ensure that the examination of the person referred to in paragraph (b) occurs –

(i) as soon as practicable; and

(ii) within 4 hours after a member of staff, responsible for the triaging of patients, at the centre has been made aware of the person's arrival at the centre.

20 Obligation to release person being temporarily detained

[Section 20 Substituted by No. 4 of 2023, s. 54, Applied:25 Sep 2023]

(1)  An MHO or police officer who is responsible for a person who is temporarily detained for assessment must release the person from being so detained if –

(a) before, or during, the authorised detaining period –

(i) informed consent is given to assess or treat the person; or

(ii) an assessment order or treatment order is made in respect of the person; or

(iii) the MHO or police officer reasonably forms the belief that the person no longer meets the criteria for being temporarily detained, as specified in section 17(1) ; or

(b) the authorised detaining period expires and none of the things referred to in paragraph (a) have occurred.

Note

The assessment criteria and the treatment criteria are set out in section 25 and section 40 respectively.

(2)  In this section –

authorised detaining period, in relation to a person being temporarily detained for assessment, means the 4-hour period that commences when –

(a) the person is transported to, or temporarily detained at, an approved assessment centre pursuant to section 18 ; and

(b) a member of staff, who is responsible for the triaging of patients at the centre, is made aware –

(i) of the detained person's arrival at the centre; or

(ii) that the person has been temporarily detained at the centre.

21 Records, &c.

(1)  [Section 21 Subsection (1) amended by No. 4 of 2023, s. 55, Applied:25 Sep 2023] [Section 21 Subsection (1) amended by No. 4 of 2023, s. 55, Applied:25 Sep 2023] An MHO or police officer who temporarily detains a person for the purpose of assessment is to make an appropriate record of the matter in an approved form.

(2)  [Section 21 Subsection (2) amended by No. 4 of 2023, s. 55, Applied:25 Sep 2023] An MHO or police officer, on transferring the a person who has been temporarily detained to another such officer, is to hand the record made under subsection (1) (or a copy thereof) to the other officer.

(3)  [Section 21 Subsection (3) amended by No. 4 of 2023, s. 55, Applied:25 Sep 2023] An MHO or police officer who releases a person from being temporarily detained is to –

(a) [Section 21 Subsection (3) amended by No. 4 of 2023, s. 55, Applied:25 Sep 2023] make an appropriate record of the matter in an approved form; and

(b) give the person a copy of the record, together with the record made under subsection (1) (or a copy thereof); and

(c) [Section 21 Subsection (3) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 21 Subsection (3) amended by No. 4 of 2023, s. 55, Applied:25 Sep 2023] give the Chief Psychiatrist a copy of the record, together with the record made under subsection (1) , as soon as practicable.

(4)  [Section 21 Subsection (4) amended by No. 4 of 2023, s. 55, Applied:25 Sep 2023] A medical practitioner who examines a person who has been temporarily detained for assessment is to –

(a) [Section 21 Subsection (4) amended by No. 4 of 2023, s. 55, Applied:25 Sep 2023] make an appropriate record of the matter in an approved form; and

(b) place a copy of the record on the person's clinical record (ensuring that such a clinical record is created if one does not already exist); and

(c) [Section 21 Subsection (4) amended by No. 4 of 2023, s. 55, Applied:25 Sep 2023] give the Chief Psychiatrist a copy of the record at the end of the month in which it is made.

Division 1 Assessment orders

22 Who can make an assessment order?

An assessment order may be made by any medical practitioner.

23.

[Section 23 Subsection (3) omitted by No. 59 of 2016, s. 11, Applied:01 Jul 2017] [Section 23 Repealed by No. 4 of 2023, s. 56, Applied:25 Sep 2023]

24 Making an assessment order

(1)  A medical practitioner may make an assessment order in respect of a person in, and only in, the following circumstances:

(a) [Section 24 Subsection (1) amended by No. 59 of 2016, s. 12, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(b) [Section 24 Subsection (1) amended by No. 59 of 2016, s. 12, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(c) the medical practitioner must have examined the person;

(d) [Section 24 Subsection (1) amended by No. 59 of 2016, s. 12, Applied:01 Jul 2017] the examination must have been done in the 24-hour period immediately before the assessment order is made;

(e) the medical practitioner must be satisfied from the examination that the person needs to be assessed against the assessment criteria;

(f) the medical practitioner must be satisfied that a reasonable attempt to have the person assessed, with informed consent, has failed or that it would be futile or inappropriate to make such an attempt.

(2)  [Section 24 Subsection (2) substituted by No. 59 of 2016, s. 12, Applied:01 Jul 2017] A medical practitioner may make an assessment order authorising a patient's admission to and, if necessary,detention in an approved hospital.

(3)  [Section 24 Subsection (3) amended by No. 59 of 2016, s. 12, Applied:01 Jul 2017] Despite subsection (2) , a medical practitioner is not to make an assessment order authorising a patient who is a child to be admitted to and, if necessary, detained in an approved hospital unless the medical practitioner is satisfied that the hospital –

(a) has facilities and staff for the assessment of the patient; and

(b) [Section 24 Subsection (3) amended by No. 4 of 2023, s. 57, Applied:25 Sep 2023] is, in the circumstances, the most appropriate place available to accommodate the patient.

(4)  [Section 24 Subsection (4) inserted by No. 59 of 2016, s. 12, Applied:01 Jul 2017] A medical practitioner may make an assessment order without having received an application for the order.

25 Assessment criteria

The assessment criteria are  –

(a) the person has, or appears to have, a mental illness that requires or is likely to require treatment for –

(i) the person's health or safety; or

(ii) the safety of other persons; and

(b) the person cannot be properly assessed with regard to the mental illness or the making of a treatment order except under the authority of the assessment order; and

(c) the person does not have decision-making capacity.

26 Form and content of assessment order

(1)  To be valid, an assessment order must –

(a) [Section 26 Subsection (1) amended by No. 4 of 2023, s. 58, Applied:25 Sep 2023] be in an approved form; and

(b) be correctly completed.

(2)  An assessment order is taken to be correctly completed if it –

(a) [Section 26 Subsection (2) amended by No. 59 of 2016, s. 13, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(b) identifies the patient; and

(c) specifies when the examination referred to in section 24(1)(c) was done; and

(d) [Section 26 Subsection (2) amended by No. 59 of 2016, s. 13, Applied:01 Jul 2017] affirms that the patient needs to be assessed against the assessment criteria; and

(e) [Section 26 Subsection (2) amended by No. 59 of 2016, s. 13, Applied:01 Jul 2017] specifies an assessment setting; and

(ea) [Section 26 Subsection (2) amended by No. 59 of 2016, s. 13, Applied:01 Jul 2017] specifies if the order authorises the patient's admission to and detention in an approved hospital; and

(f) specifies (by date and time) when it was made; and

(g) specifies or provides for any matter required by the regulations; and

(h) identifies, and is signed by, the medical practitioner who makes it.

(3)  [Section 26 Subsection (3) omitted by No. 59 of 2016, s. 13, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(4)  An assessment order may, without compromising its validity, specify or provide for any matters, incidental to the assessment of the person in respect of whom the order is made, that the medical practitioner making it considers necessary or desirable in the circumstances.

27 Effect of assessment order

(1)  An assessment order is authority for the patient to be assessed, without informed consent, by an approved medical practitioner, to –

(a) confirm whether the patient meets the assessment criteria; and

(b) determine if the patient also meets the treatment criteria.

(2)  [Section 27 Subsection (2) substituted by No. 59 of 2016, s. 14, Applied:01 Jul 2017] An assessment order is authority –

(a) for any MHO or police officer to take the patient under escort to ensure that he or she presents for assessment under the order; and

(b) if authorised to do so –

(i) by the terms of the order; or

(ii) by a medical practitioner under subsection (4)  –

for the patient to be admitted to an approved facility and, if necessary, detained in an approved facility for and in connection with that assessment.

(3)  [Section 27 Subsection (3) inserted by No. 59 of 2016, s. 14, Applied:01 Jul 2017] For the purposes of subsection (2)  –

(a) the medical practitioner who makes the assessment order or any other medical practitioner may request that the patient be taken under escort (in which case the medical practitioner is to ensure that the escort is given a copy of the order); and

(b) the custody and escort provisions apply, and continue to apply for so long as the patient is subject to the assessment order.

(4)  [Section 27 Subsection (4) inserted by No. 59 of 2016, s. 14, Applied:01 Jul 2017] Despite subsection (2)(b)(ii) , a medical practitioner is not to authorise a patient who is a child to be admitted to and, if necessary, detained in an approved hospital unless the medical practitioner is satisfied that the hospital –

(a) has facilities and staff for the assessment of the patient; and

(b) [Section 27 Subsection (4) amended by No. 4 of 2023, s. 59, Applied:25 Sep 2023] is, in the circumstances, the most appropriate place available to accommodate the patient.

(5)  [Section 27 Subsection (5) inserted by No. 59 of 2016, s. 14, Applied:01 Jul 2017] An assessment order is not authority for a patient to be given any treatment.

28 When does assessment order take effect?

An assessment order takes effect as soon as it is signed by the medical practitioner who makes it.

Note

The making of an assessment order is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3 .

29 Action to be taken by medical practitioner on making assessment order

A medical practitioner who makes an assessment order is to –

(a) [Section 29 Amended by No. 4 of 2023, s. 60, Applied:25 Sep 2023] give a copy of the order to the patient (together with a statement of rights in an approved form); and

(b) give a copy of the order to the approved medical practitioner who is likely to do the assessment or, if applicable, the controlling authority of the approved facility where the patient is to be, or is likely to be, assessed; and

(c) place a copy of the order on the patient's clinical record (ensuring that such a clinical record is created if one does not already exist).

30 Assessment of patient

(1)  Once an assessment order has taken effect, the patient must be independently assessed within 24 hours unless the order is sooner discharged.

(2)  For the purposes of subsection (1) , an assessment is independent if and only if it is done by an approved medical practitioner other than the medical practitioner who applied for or made the assessment order.

Note

A failure to observe subsection (1) extinguishes the order – see section 34 .

31.

[Section 31 Repealed by No. 59 of 2016, s. 15, Applied:01 Jul 2017]

32 Affirmation or discharge of assessment order

(1)  This section applies once a patient who is subject to an assessment order has been independently assessed by an approved medical practitioner.

(2)  The approved medical practitioner must immediately affirm or discharge the assessment order.

(3)  To affirm the assessment order, the approved medical practitioner must be satisfied that –

(a) the patient meets the assessment criteria; and

(b) the order has not already been discharged.

(4)  If the approved medical practitioner affirms the assessment order, he or she may simultaneously extend its operation, once, by a period not exceeding 72 hours commencing from the time of affirmation.

(5)  [Section 32 Subsection (5) amended by No. 4 of 2023, s. 61, Applied:25 Sep 2023] The affirmation is to be effected by means of a signed instrument in writing in an approved form, and is invalid if not in that form.

(6)  The instrument of affirmation takes effect as soon as it is signed.

(7)  If the approved medical practitioner affirms the assessment order, the procedure in section 33 is to be followed.

(8)  If the approved medical practitioner discharges the assessment order, the procedure in section 35(3) and (4) is to be followed.

33 Action to be taken by medical practitioner on affirming assessment order

(1)  An approved medical practitioner who affirms an assessment order is to –

(a) give notice to that effect to –

(i) the patient; and

(ii) the medical practitioner who made the order; and

(iii) [Section 33 Subsection (1) amended by No. 4 of 2023, s. 62, Applied:25 Sep 2023] the Chief Psychiatrist; and

(iv) the Tribunal; and

(v) if the patient is to be, or is likely to be, assessed in an approved facility, the controlling authority of the facility; and

(b) place a copy of the instrument of affirmation on the patient's clinical record (ensuring that such a clinical record is created if one does not already exist).

(2)  The notice under subsection (1)(a) is to advise of any extension of the operation of the assessment order.

34 Duration of assessment order

An assessment order ceases to have effect –

(a) 24 hours after it takes effect if, by then –

(i) it has not been affirmed under section 32 ; or

(ii) it has been affirmed under section 32 but not extended in operation under that section; or

(b) if it is affirmed under section 32 and extended in operation under that section, at the end of the period of extension; or

(c) if it is sooner discharged under section 35 ; or

(d) if a treatment order is made in respect of the person who is subject to the assessment order.

35 Discharge of assessment order by medical practitioner or Tribunal

(1)  An assessment order may be discharged at any time for sufficient cause by –

(a) the medical practitioner who made it; or

(b) any approved medical practitioner; or

(c) the Tribunal under section 180 .

(2)  [Section 35 Subsection (2) amended by No. 4 of 2023, s. 63, Applied:25 Sep 2023] [Section 35 Subsection (2) amended by No. 59 of 2016, s. 16, Applied:01 Jul 2017] A medical practitioner has sufficient cause to discharge an assessment order if he or she is satisfied, after assessing the patient or on other reasonable grounds, that the patient does not meet the assessment criteria.

(3)  [Section 35 Subsection (3) amended by No. 4 of 2023, s. 63, Applied:25 Sep 2023] In the case of a medical practitioner, the discharge is to be effected by means of a signed instrument in writing in an approved form (the discharge paper).

(4)  A medical practitioner who discharges an assessment order is to –

(a) give a copy of the discharge paper to –

(i) the patient; and

(ii) [Section 35 Subsection (4) amended by No. 4 of 2023, s. 63, Applied:25 Sep 2023] the Chief Psychiatrist; and

(iii) the Tribunal; and

(iv) if the relevant independent assessment has not been done, the approved medical practitioner who was expected to do the assessment or, if applicable, the controlling authority of the approved facility where the assessment was to have been done; and

(b) place a copy of the discharge paper on the patient's clinical record.

Note

For a Tribunal discharge – see Division 2 of Part 3 of Chapter 3 .

Division 2 Treatment orders

36 Who can make a treatment order?

Treatment orders are made by the Tribunal.

Note

Interim treatment orders, however, may be made by a single member of the Tribunal – see section 38 .

37 Application for treatment order

(1)  Any approved medical practitioner may apply to the Tribunal for a treatment order in respect of a person.

(2)  The application may be made whether or not the person is subject to an assessment order.

(3)  If the person is subject to an assessment order, the application should only be made if –

(a) the applicant has assessed the person under the authority of the assessment order; and

(b) the applicant is satisfied from the assessment that the person meets the treatment criteria.

Note

The treatment criteria are set out in section 40 .

(4)  If the person is not subject to an assessment order, the application should only be made if –

(a) the person has been assessed by the applicant and one other approved medical practitioner, separately, within the preceding 7 days; and

(b) the applicant and the other approved medical practitioner are both satisfied from their respective assessments that the person meets the treatment criteria.

(5)  The application in relation to a person is to be in accordance with section 195 and be accompanied by –

(a) a statement by the applicant affirming that (and explaining how) the person meets the treatment criteria; and

(b) [Section 37 Subsection (5) amended by No. 59 of 2016, s. 17, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(c) an indication as to whether an interim treatment order is needed; and

(d) if the person is subject to an assessment order, a copy of that order.

(6)  The applicant is to –

(a) [Section 37 Subsection (6) amended by No. 59 of 2016, s. 17, Applied:01 Jul 2017] give a copy of the application to the person (together with a statement of rights in a form approved by the President of the Tribunal); and

(b) place a copy of the application (and accompanying documentation) on the person's clinical record (ensuring that such a clinical record is created if one does not already exist).

38 Interim treatment order

(1)  Despite section 36 , a single member of the Tribunal may make an interim treatment order in respect of a person if, but only if, the member is satisfied that –

(a) an approved medical practitioner has applied for a treatment order in respect of the person; and

(b) the requirements of section 37 appear to have been met in respect of the application; and

(c) the person meets the treatment criteria; and

(d) the Tribunal cannot immediately determine the application; and

(e) the delay that would be involved in awaiting a decision of the Tribunal under section 39 should the interim treatment order not be made would, or is likely to, seriously harm –

(i) the person's health or safety; or

(ii) the safety of other persons.

(2)  An interim treatment order may include a requirement –

(a) that the treatment setting for a patient be –

(i) an approved facility (other than an SMHU), or a premises or place, specified in the order; or

(ii) a type of approved facility (other than an SMHU), or a type of premises or place, specified in the order; and

(b) [Section 38 Subsection (2) amended by No. 59 of 2016, s. 18, Applied:01 Jul 2017] [Section 38 Subsection (2) amended by No. 59 of 2016, s. 18, Applied:01 Jul 2017] that, for the purposes of receiving treatment, a patient may be admitted to and, if necessary, detained in –

(i) an approved facility (other than an SMHU) specified in the order; or

(ii) a type of approved facility (other than an SMHU) specified in the order.

(2A)  [Section 38 Subsection (2A) inserted by No. 59 of 2016, s. 18, Applied:01 Jul 2017] An interim treatment order may provide for a combination of treatment settings and for the admission and re-admission of the patient to those settings.

(3)  [Section 38 Subsection (3) amended by No. 59 of 2016, s. 18, Applied:01 Jul 2017] Despite subsection (2) , the Tribunal member is not to make an interim treatment order requiring a patient who is a child to be admitted to and, if necessary, detained in an approved hospital for the purposes of receiving treatment unless the member is satisfied that the hospital –

(a) has facilities and staff for the treatment and care of the patient; and

(b) is, in the circumstances, the most appropriate place available to accommodate the patient.

(4)  The Tribunal member may make the interim treatment order on the basis of the application alone, without any hearing or further investigation.

(5)  Section 41 applies in relation to the making of an interim treatment order.

(6)  If an interim treatment order is made, the order is, for all purposes, taken to be a treatment order made by the Tribunal except that sections 43 , 44 and 48 do not apply in relation to the order.

(7)  The interim treatment order –

(a) takes effect as soon as it is made; and

(b) continues in effect, subject to subsection (8) , until the application is determined by the Tribunal.

(8)  Any Tribunal member may revoke or amend the interim treatment order at any time.

(9)  The interim treatment order lapses after 10 days (calculated from the precise time it is made) if, by then, the Tribunal has not determined the application.

39 Determination of application for treatment order

(1)  The Tribunal may make a treatment order in respect of a person if, and only if, it is satisfied that –

(a) an approved medical practitioner has applied for a treatment order in respect of the person; and

(b) the requirements of section 37 have been met in respect of the application; and

(c) [Section 39 Subsection (1) amended by No. 59 of 2016, s. 19, Applied:01 Jul 2017] the person meets the treatment criteria; and

(d) [Section 39 Subsection (1) amended by No. 59 of 2016, s. 19, Applied:01 Jul 2017] a treatment plan has been prepared for the person; and

(e) [Section 39 Subsection (1) amended by No. 59 of 2016, s. 19, Applied:01 Jul 2017] the requirements of section 53(2) appear to have been met with respect to the treatment plan.

(2)  A treatment order may include a requirement –

(a) that the treatment setting for a patient be –

(i) an approved facility (other than an SMHU), or a premises or place, specified in the order; or

(ii) a type of approved facility (other than an SMHU), or a type of premises or place, specified in the order; and

(b) [Section 39 Subsection (2) amended by No. 59 of 2016, s. 19, Applied:01 Jul 2017] that, for the purposes of receiving treatment, a patient may be admitted to and, if necessary, detained in –

(i) an approved facility (other than an SMHU) specified in the order; or

(ii) a type of approved facility (other than an SMHU) specified in the order.

(2A)  [Section 39 Subsection (2A) inserted by No. 59 of 2016, s. 19, Applied:01 Jul 2017] A treatment order may provide for a combination of treatment settings and for the admission and re-admission of the patient to those settings.

(3)  [Section 39 Subsection (3) amended by No. 59 of 2016, s. 19, Applied:01 Jul 2017] Despite subsection (2) , the Tribunal is not to make a treatment order requiring a patient who is a child to be admitted to and, if necessary, detained in an approved hospital for the purposes of receiving treatment unless it is satisfied that the hospital –

(a) has facilities and staff for the treatment and care of the patient; and

(b) is, in the circumstances, the most appropriate place available to accommodate the patient.

(4)  The Tribunal is to determine an application for a treatment order as soon as practicable after it is received and must do so by way of a hearing.

(5)  An application for a treatment order lapses and is rendered invalid if the Tribunal for any reason fails to determine the application within 10 days after it is lodged.

(6)  [Section 39 Subsection (6) amended by No. 18 of 2021, s. 254, Applied:05 Nov 2021] The President of the Tribunal is to ensure that a hearing for the purposes of this section is before the Tribunal as constituted by 3 members.

40 Treatment criteria

The treatment criteria in relation to a person are –

(a) the person has a mental illness; and

(b) without treatment, the mental illness will, or is likely to, seriously harm –

(i) the person's health or safety; or

(ii) the safety of other persons; and

(c) the treatment will be appropriate and effective in terms of the outcomes referred to in section 6(1) ; and

(d) the treatment cannot be adequately given except under a treatment order; and

(e) the person does not have decision-making capacity.

41 Form and content of treatment order

(1)  To be valid, a treatment order must –

(a) [Section 41 Subsection (1) amended by No. 59 of 2016, s. 20, Applied:01 Jul 2017] be in a form approved by the President of the Tribunal; and

(b) be correctly completed.

(2)  A treatment order is taken to be correctly completed if it –

(a) identifies the approved medical practitioner who applied for it; and

(b) identifies the person who is subject to the order; and

(c) specifies the treatment, or types of treatment, authorised under the order; and

(d) [Section 41 Subsection (2) amended by No. 59 of 2016, s. 20, Applied:01 Jul 2017] specifies a treatment setting; and

(da) [Section 41 Subsection (2) amended by No. 59 of 2016, s. 20, Applied:01 Jul 2017] specifies if the order authorises the patient's admission to and, if necessary, detention in an approved hospital; and

(e) specifies (by date and time) when it was made; and

(f) specifies the maximum period it is expected to remain in effect (if not sooner discharged); and

(g) specifies or provides for any matters required by the regulations.

(3)  [Section 41 Subsection (3) omitted by No. 59 of 2016, s. 20, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(4)  If an assessment order in respect of a person is, under section 34(d) , discharged by the making of a treatment order or an interim treatment order, the Tribunal may specify in the treatment order that the assessment order has been so discharged.

(5)  A treatment order may, without compromising its validity, specify or provide for any other matters, incidental to the treatment of the person in respect of whom the order is made, that the Tribunal considers necessary or desirable in the circumstances.

42 Effect of treatment order

[Section 42 Substituted by No. 59 of 2016, s. 21, Applied:01 Jul 2017]

(1)  A treatment order is authority for the patient to be given, without informed consent, the treatment, or type of treatment, specified in the order.

(2)  A treatment order is authority –

(a) for the patient to be admitted to and, if necessary, detained in an approved facility, or type of approved facility, for the purposes of receiving treatment, if the terms of the order so specify; or

(b) in any case, if section 47 or section 47A applies in relation to the patient, authority for the patient to be admitted to and, if necessary, detained in an approved facility (other than an SMHU) –

until whichever of the following first occurs:

(c) the order is varied so as to provide for a different treatment setting;

(d) if the detention is authorised under the order, the order ceases to have effect under this Act.

(3)  [Section 42 Subsection (3) amended by No. 4 of 2023, s. 64, Applied:25 Sep 2023] If a patient is admitted to an approved facility under this section, the controlling authority of the approved facility is to notify the Tribunal and the Chief Psychiatrist of the patient's admission.

(4)  A treatment order in respect of a person is authority for any MHO or police officer to take the patient under escort to ensure that he or she presents for treatment under the order.

(5)  [Section 42 Subsection (5) amended by No. 4 of 2023, s. 64, Applied:25 Sep 2023] For the purposes of subsection (2) , the Tribunal, any member of the Tribunal, the Registrar, the Chief Psychiatrist or any medical practitioner may request that the patient be taken under escort (in which case the maker of the request is to give the escort a copy of the treatment order).

(6)  If a patient is taken under escort in accordance with this section, the custody and escort provisions apply, and continue to apply for so long as the patient is subject to the treatment order.

43 When does treatment order take effect?

A treatment order takes effect as soon as it is made.

44 Duration of treatment order

[Section 44 Amended by No. 59 of 2016, s. 22, Applied:01 Jul 2017] Subject to section 48 , a treatment order, unless sooner discharged under section 49 or section 181 , continues in effect for such period not exceeding 6 months (calculated from the precise time it is made) as the Tribunal specifies in the order.

45 Action to be taken by Tribunal on making treatment order

On making a treatment order, the Tribunal is to –

(a) [Section 45 Amended by No. 59 of 2016, s. 23, Applied:01 Jul 2017] give the patient notice to that effect and a copy of the order (together with a statement of rights in a form approved by the President of the Tribunal); and

(b) give notice to that effect and a copy of the order to –

(i) the approved medical practitioner who applied for the order; and

(ii) the treating medical practitioner; and

(iii) if the patient is in, or is expected to be in, an approved facility, the controlling authority of that facility; and

(iv) [Section 45 Amended by No. 4 of 2023, s. 65, Applied:25 Sep 2023] the Chief Psychiatrist.

46.

[Section 46 Repealed by No. 59 of 2016, s. 24, Applied:01 Jul 2017]

47 Failure to comply with treatment order

(1)  This section applies if –

(a) a patient is subject to a treatment order; and

(b) reasonable steps have been taken to obtain the patient's compliance with the order; and

(c) the treating medical practitioner is satisfied on reasonable grounds that –

(i) despite those reasonable steps, the patient has failed to comply with the treatment order; and

(ii) the failure in compliance has seriously harmed, or is likely to seriously harm –

(A) the patient's health or safety; or

(B) the safety of other persons; and

(iii) the harm or likely harm cannot be adequately addressed except by way of an alternative treatment or treatment setting (being a treatment or treatment setting that is inconsistent with the treatment order).

(2)  If this section applies, the treating medical practitioner may, according to the circumstances –

(a) apply to the Tribunal, under Division 2 of Part 3 of Chapter 3 , to vary the treatment order; or

(b) [Section 47 Subsection (2) amended by No. 59 of 2016, s. 25, Applied:01 Jul 2017] seek to have the patient admitted to and, if necessary, detained in an approved facility under and in accordance with section 42 ; or

(c) [Section 47 Subsection (2) amended by No. 59 of 2016, s. 25, Applied:01 Jul 2017] authorise urgent circumstances treatment under section 55 if the treating medical practitioner is an approved medical practitioner; or

(d) [Section 47 Subsection (2) amended by No. 59 of 2016, s. 25, Applied:01 Jul 2017] seek authorisation to give urgent circumstances treatment under section 55 if the treating medical practitioner is not an approved medical practitioner.

(3)  [Section 47 Subsection (3) amended by No. 59 of 2016, s. 25, Applied:01 Jul 2017] However, the treating medical practitioner is not, by any of the processes referred to in subsection (2) , to seek to have a patient who is a child admitted to and, if necessary, detained in an approved hospital unless the treating medical practitioner is satisfied that the hospital –

(a) has facilities and staff for the treatment and care of the patient; and

(b) [Section 47 Subsection (3) amended by No. 4 of 2023, s. 66, Applied:25 Sep 2023] is, in the circumstances, the most appropriate place available to accommodate the patient.

47A Admission to prevent possible harm

[Section 47A Inserted by No. 59 of 2016, s. 26, Applied:01 Jul 2017]

(1)  This section applies if –

(a) a patient is subject to a treatment order that provides for a combination of treatment settings and for the admission and re-admission of the patient to those settings; and

(b) the patient has complied with the treatment order; and

(c) the treating medical practitioner is satisfied on reasonable grounds that –

(i) despite the patient's compliance, the patient's health or safety or the safety of any other person has been, or is likely to be, seriously harmed; and

(ii) the harm, or likely harm, cannot be adequately addressed except by way of the patient's admission or re-admission to and, if necessary, detention in an approved hospital.

(2)  If this section applies, the treating medical practitioner may, according to the circumstances, seek to have the patient taken under escort and involuntarily admitted to, and detained in, an approved facility under and in accordance with section 42 .

(3)  However, the treating medical practitioner is not to seek to have a patient who is a child admitted to and, if necessary, detained in an approved hospital unless the treating medical practitioner is satisfied that the hospital –

(a) has facilities and staff for the treatment and care of the patient; and

(b) [Section 47A Subsection (3) amended by No. 4 of 2023, s. 67, Applied:25 Sep 2023] is, in the circumstances, the most appropriate place available to accommodate the patient.

48 Renewal of treatment order

(1)  The Tribunal may renew a treatment order on the application of any approved medical practitioner (the applicant).

(2)  An application must be made at least 10 days before the day during which the treatment order is due to expire, and is invalid if it is not.

(3)  An application is to be in accordance with section 195 and be accompanied by –

(a) a copy of the treatment order; and

(b) [Section 48 Subsection (3) amended by No. 59 of 2016, s. 27, Applied:01 Jul 2017] particulars of any recommended change in treatment; and

(ba) [Section 48 Subsection (3) amended by No. 59 of 2016, s. 27, Applied:01 Jul 2017] particulars of any recommended change to the treatment setting; and

(c) a statement by the applicant affirming that (and explaining how) the patient continues to meet the treatment criteria and is expected to continue to meet those criteria for the period of renewal.

(4)  An applicant for the renewal of a treatment order –

(a) [Section 48 Subsection (4) amended by No. 59 of 2016, s. 27, Applied:01 Jul 2017] is to give a copy of the application to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and

(b) is –

(i) to give a copy of the application to the treating medical practitioner (if it is someone other than the applicant); and

(ii) [Section 48 Subsection (4) amended by No. 4 of 2023, s. 68, Applied:25 Sep 2023] to give a copy of the application to the Chief Psychiatrist; and

(iii) if the patient is in, or is expected to be in, an approved facility, to give a copy of the application to the controlling authority of that facility; and

(c) is to place a copy of the application (and accompanying documentation) on the patient's clinical record.

(5)  The Tribunal is to determine an application as soon as practicable after it is made and must do so by way of a hearing.

(6)  To avoid doubt, a treatment order may only be renewed if it is still in effect.

(7)  A treatment order in respect of a person may only be renewed if the Tribunal is satisfied that –

(a) the applicant has complied with subsection (4) ; and

(b) the person meets the treatment criteria.

(8)  Under this section, a treatment order may be renewed for –

(a) if it has not previously been renewed, a period not exceeding 6 months; or

(b) in any other case, a period not exceeding 12 months.

(9)  On renewing a treatment order, the Tribunal is to –

(a) [Section 48 Subsection (9) amended by No. 59 of 2016, s. 27, Applied:01 Jul 2017] give notice of the renewal to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and

(b) give notice of the renewal to –

(i) the applicant; and

(ii) the treating medical practitioner (if it is someone other than the applicant); and

(iii) if the patient is in, or is expected to be in, an approved facility, the controlling authority of that facility; and

(iv) [Section 48 Subsection (9) amended by No. 4 of 2023, s. 68, Applied:25 Sep 2023] the Chief Psychiatrist.

(10)  A notice under subsection (9) is to specify the period of renewal.

49 Discharge of treatment order by medical practitioner or Tribunal

(1)  A treatment order may be discharged by –

(a) any approved medical practitioner under this section; or

(b) the Tribunal under section 181 .

(2)  An approved medical practitioner must discharge a treatment order if satisfied, after assessing the patient while the order is in effect, that the patient does not meet the treatment criteria.

(3)  However, unless the approved medical practitioner is also the treating medical practitioner, the discharge may only be effected if –

(a) the approved medical practitioner has consulted the treating medical practitioner; and

(b) the treating medical practitioner agrees that the patient does not meet the treatment criteria.

(4)  [Section 49 Subsection (4) amended by No. 59 of 2016, s. 28, Applied:01 Jul 2017] The discharge is to be effected by the approved medical practitioner by means of a signed instrument in writing in a form approved by the President of the Tribunal (the discharge paper).

(5)  On signing the discharge paper, the approved medical practitioner is to –

(a) give a copy of the discharge paper to –

(i) the patient; and

(ii) if applicable, the treating medical practitioner; and

(iii) [Section 49 Subsection (5) amended by No. 4 of 2023, s. 69, Applied:25 Sep 2023] the Chief Psychiatrist; and

(iv) the Tribunal; and

(b) place a copy of the discharge paper on the patient's clinical record.

Note

For a Tribunal discharge – see Division 2 of Part 3 of Chapter 3 .

Division 3 Treatment plans

50 Nature of treatment plan

The treatment plan for a patient is an instrument that sets out an outline of the treatment the patient is to receive.

51 Requirement for treatment plan

[Section 51 Amended by No. 4 of 2023, s. 70, Applied:25 Sep 2023] The Chief Psychiatrist is to ensure that each involuntary patient has a treatment plan.

52 Form of treatment plan

(1)  [Section 52 Subsection (1) amended by No. 4 of 2023, s. 71, Applied:25 Sep 2023] A treatment plan is to be in an approved form.

(2)  [Section 52 Subsection (2) omitted by No. 59 of 2016, s. 29, Applied:01 Jul 2017] .  .  .  .  .  .  .  .

53 Preparation of treatment plan

(1)  A patient's treatment plan may be prepared by any medical practitioner involved in the patient's treatment or care.

(2)  In preparing a treatment plan, a medical practitioner –

(a) is to consult the patient; and

(b) may, after consulting the patient, consult such other persons as the medical practitioner thinks fit in the circumstances.

(3)  A medical practitioner who prepares a treatment plan is to –

(a) give a copy of the treatment plan to –

(i) the patient; and

(ii) [Section 53 Subsection (3) amended by No. 4 of 2023, s. 72, Applied:25 Sep 2023] the Chief Psychiatrist; and

(b) place a copy of the treatment plan on the patient's clinical record.

54 Variation of treatment plan

(1)  A patient's treatment plan may be varied at any time by any medical practitioner involved in the patient's treatment or care.

(2)  The treatment plan for a patient subject to a treatment order may only be varied under subsection (1) if the treatment plan, as so varied, is in accordance with, and is not more restrictive of the patient's rights, privileges and freedom of action than, the treatment order.

(3)  In varying a treatment plan, a medical practitioner –

(a) is to consult the patient; and

(b) may, after consulting the patient, consult such other persons as the medical practitioner thinks fit in the circumstances.

(4)  A medical practitioner who varies a treatment plan is to –

(a) ensure that the variation (and the reason for the variation) is fully documented; and

(b) [Section 54 Subsection (4) amended by No. 4 of 2023, s. 73, Applied:25 Sep 2023] give a copy of the documentation to the Chief Psychiatrist; and

(c) [Section 54 Subsection (4) amended by No. 59 of 2016, s. 30, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(d) place a copy of the documentation on the patient's clinical record; and

(e) give notice of the variation (and the reason for the variation) to the patient.

(5)  The notice to the patient may contain such further particulars as the medical practitioner thinks fit in the circumstances.

Division 4 Urgent circumstances treatment

55 Urgent circumstances treatment

(1)  [Section 55 Subsection (1) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] [Section 55 Subsection (1) substituted by No. 4 of 2023, s. 74, Applied:25 Sep 2023] An involuntary patient may only be given treatment (urgent circumstances treatment) without informed consent or Tribunal authorisation if an approved medical practitioner authorises the treatment as being urgently needed in respect of the patient.

(2)  [Section 55 Subsection (2) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] [Section 55 Subsection (2) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] [Section 55 Subsection (2) substituted by No. 4 of 2023, s. 74, Applied:25 Sep 2023] An approved medical practitioner may only authorise urgent circumstances treatment in respect of a patient if the approved medical practitioner is satisfied, as a result of an assessment of the patient, that –

(a) the treatment is necessary for –

(i) the patient's health or safety; or

(ii) the safety of other persons; and

(b) waiting for the treatment to be authorised by the Tribunal (or by a member thereof on an interim basis) would compromise –

(i) the outcomes of the treatment, as specified in section 6(1) , for the patient; or

(ii) the effectiveness of the treatment, for the patient, in meeting the outcomes of treatment as specified in section 6(1) .

(3)  [Section 55 Subsection (3) substituted by No. 59 of 2016, s. 31, Applied:01 Jul 2017] [Section 55 Subsection (3) omitted by No. 4 of 2023, s. 74, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(4)  [Section 55 Subsection (4) omitted by No. 59 of 2016, s. 31, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(5)  [Section 55 Subsection (5) omitted by No. 59 of 2016, s. 31, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(6)  [Section 55 Subsection (6) omitted by No. 59 of 2016, s. 31, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(7)  [Section 55 Subsection (7) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] [Section 55 Subsection (7) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] [Section 55 Subsection (7) omitted by No. 4 of 2023, s. 74, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(8)  [Section 55 Subsection (8) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] If the authorisation is given, the approved medical practitioner has the following obligations:

(a) [Section 55 Subsection (8) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 55 Subsection (8) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] to ensure that the patient is advised of the authorisation as soon as possible after it is given;

(ab) [Section 55 Subsection (8) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 55 Subsection (8) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] [Section 55 Subsection (8) amended by No. 4 of 2023, s. 74, Applied:25 Sep 2023] to give a copy of the authorisation to the Chief Psychiatrist and the Tribunal;

(ac) [Section 55 Subsection (8) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] [Section 55 Subsection (8) amended by No. 4 of 2023, s. 74, Applied:25 Sep 2023] to give a copy of the authorisation to the patient (together with a statement of rights in an approved form);

(b) to place a copy of the authorisation on the patient's clinical record.

(9)  If the authorisation is given, the patient may be given the urgent circumstances treatment until whichever of the following first occurs:

(a) the treatment is completed;

(b) [Section 55 Subsection (9) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(c) an approved medical practitioner, for any reason he or she considers sufficient, stops the treatment;

(d) the 96-hour period immediately following the giving of the authorisation expires;

(da) [Section 55 Subsection (9) amended by No. 59 of 2016, s. 31, Applied:01 Jul 2017] the assessment order, treatment order or interim treatment order ceases or is discharged;

(e) the authorisation is set aside by the Tribunal.

Note 1

[Section 55 Subsection (9) amended by No. 17 of 1996, Applied:01 Jul 2017] This section does not limit or otherwise affect the operation of section 40 of the Guardianship and Administration Act 1995 .

Note 2

[Section 55 Subsection (9) amended by No. 17 of 1996, Applied:01 Jul 2017] The authorisation of urgent circumstances treatment is reviewable by the Tribunal  – see Division 2 of Part 3 of Chapter 3 .

(10)  [Section 55 Subsection (10) omitted by No. 59 of 2016, s. 31, Applied:01 Jul 2017] .  .  .  .  .  .  .  .

Division 5 Seclusion and restraint

56 Seclusion

(1)  Except if authorised under any other law, an involuntary patient who is not a forensic patient may be placed in seclusion if, and only if –

(a) the patient is in an approved hospital; and

(b) the seclusion is authorised as being necessary for a prescribed reason, by –

(i) [Section 56 Subsection (1) amended by No. 4 of 2023, s. 75, Applied:25 Sep 2023] for a patient who is a child, the Chief Psychiatrist; or

(ii) [Section 56 Subsection (1) amended by No. 4 of 2023, s. 75, Applied:25 Sep 2023] for any other patient, the Chief Psychiatrist, a medical practitioner or approved nurse; and

(c) the person authorising the seclusion is satisfied that it is a reasonable intervention in the circumstances; and

(d) the seclusion lasts for no longer than authorised under this section; and

(e) [Section 56 Subsection (1) amended by No. 4 of 2023, s. 75, Applied:25 Sep 2023] the seclusion is managed in accordance with any relevant standing orders or clinical guidelines.

(2)  [Section 56 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 56 Subsection (2) substituted by No. 4 of 2023, s. 75, Applied:25 Sep 2023] If an involuntary patient who is not a forensic patient is placed in seclusion under this section –

(a) the patient must be clinically observed by a member of the approved hospital's nursing staff at intervals not exceeding –

(i) 15 minutes; or

(ii) such other intervals as the standing orders may mandate; and

(b) the seclusion must not extend beyond 3 hours unless –

(i) the patient has been assessed by a medical practitioner within those 3 hours; and

(ii) after conducting a physical examination of the patient, a medical practitioner or approved nurse authorises the continuation of the seclusion for one specified period not exceeding 3 hours; and

(c) the patient must be assessed by a medical practitioner at intervals not exceeding 3 hours to see if the seclusion should continue or be terminated; and

(d) the Chief Psychiatrist may impose conditions on the seclusion of the patient at any point during the period of seclusion for the patient; and

(e) while secluded, the patient must be provided with –

(i) suitable clean clothing and bedding; and

(ii) adequate sustenance; and

(iii) adequate toilet and sanitary arrangements; and

(iv) adequate ventilation and light; and

(v) a means of summoning aid; and

(f) the administration of any prescribed medications to the patient must not be unreasonably denied or delayed; and

(g) the patient must not be deprived of –

(i) physical aids, except as may be strictly necessary for the patient's safety or the preservation of those physical aids for the patient's future use; and

(ii) communication aids that the patient uses in communicating on a daily basis, except as may be strictly necessary for the patient's safety or the preservation of the communication aids for the patient's future use; and

(h) regardless of authorisation, the seclusion –

(i) must not exceed 6 hours; and

(ii) must not be maintained to the obvious detriment of the patient's mental or physical health.

(3)  To avoid doubt, an involuntary patient's seclusion is not taken to have been interrupted or terminated merely by reason of –

(a) [Section 56 Subsection (3) amended by No. 4 of 2023, s. 75, Applied:25 Sep 2023] a scheduled observation, examination or assessment under subsection (2) ; or

(b) the giving of any necessary treatment or general health care.

(4)  Nothing in this section is to be taken as conferring any kind of authority for a patient to be placed in seclusion as a means of punishment or for reasons of mere administrative or staff convenience.

(4A)  [Section 56 Subsection (4A) amended by No. 4 of 2023, s. 75, Applied:25 Sep 2023] [Section 56 Subsection (4A) inserted by No. 59 of 2016, s. 32, Applied:01 Jul 2017] Notwithstanding the discretionary nature of the power under section 152(1) , the Chief Psychiatrist must ensure that standing orders are issued for this section.

(4B)  [Section 56 Subsection (4B) inserted by No. 4 of 2023, s. 75, Applied:25 Sep 2023] Consecutive periods of seclusion under this section, in respect of an involuntary patient, are only to occur in accordance with the standing orders issued for this section.

(5)  In this section –

prescribed reason, for placing a patient in seclusion, means –

(a) to facilitate the patient's treatment; or

(b) to ensure the patient's health or safety; or

(c) to ensure the safety of other persons; or

(d) to provide for the management, good order or security of an approved hospital.

Note 1

The seclusion of an involuntary patient is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3 .

Note 2

[Section 56 Subsection (5) amended by No. 4 of 2023, Applied:25 Sep 2023] The Chief Psychiatrist has power to intervene in such circumstances– see section 147 .

57 Restraint

(1)  Except if authorised under any other law, an involuntary patient who is not a forensic patient may be placed under restraint if, and only if –

(a) the patient is in an approved assessment centre or approved hospital; and

(b) the restraint is authorised as being necessary for a prescribed reason by –

(i) [Section 57 Subsection (1) amended by No. 4 of 2023, s. 76, Applied:25 Sep 2023] in the case of chemical or mechanical restraint, the Chief Psychiatrist; or

(ii) [Section 57 Subsection (1) amended by No. 4 of 2023, s. 76, Applied:25 Sep 2023] in the case of physical restraint where the patient is a child, the Chief Psychiatrist; or

(iii) [Section 57 Subsection (1) amended by No. 4 of 2023, s. 76, Applied:25 Sep 2023] in the case of physical restraint where the patient is not a child, the Chief Psychiatrist, a medical practitioner or an approved nurse; and

(c) the person authorising the restraint is satisfied that it is a reasonable intervention in the circumstances; and

(d) the restraint lasts for no longer than authorised under this section; and

(e) [Section 57 Subsection (1) amended by No. 4 of 2023, s. 76, Applied:25 Sep 2023] the means of restraint employed in the specific case is, in the case of a mechanical restraint, approved in advance by the Chief Psychiatrist; and

(f) [Section 57 Subsection (1) amended by No. 4 of 2023, s. 76, Applied:25 Sep 2023] the restraint is managed in accordance with any relevant standing orders or clinical guidelines.

(2)  [Section 57 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 57 Subsection (2) substituted by No. 4 of 2023, s. 76, Applied:25 Sep 2023] If an involuntary patient who is not a forensic patient is placed under restraint under this section –

(a) the patient must be clinically observed by a member of the approved hospital's nursing staff at intervals not exceeding –

(i) 15 minutes; or

(ii) such other intervals as the standing orders may mandate; and

(b) the restraint must not be applied for a period exceeding 3 hours unless –

(i) the patient has been assessed by a medical practitioner within those 3 hours; and

(ii) after conducting a physical examination of the patient, a medical practitioner or approved nurse authorises the continuation of the restraint for one specified period not exceeding 3 hours; and

(c) the patient must be assessed by a medical practitioner at intervals not exceeding 3 hours to see if the restraint should continue or be terminated; and

(d) the Chief Psychiatrist may impose conditions on the restraint of the patient at any point during the period of restraint for the patient; and

(e) while restrained, the patient must be provided with –

(i) suitable clean clothing and bedding; and

(ii) adequate sustenance; and

(iii) adequate toilet and sanitary arrangements; and

(iv) adequate ventilation and light; and

(v) a means of summoning aid; and

(f) the administration of any prescribed medications to the patient must not be unreasonably denied or delayed; and

(g) the patient must not be deprived of –

(i) physical aids, except as may be strictly necessary for the patient's safety or the preservation of those physical aids for the patient's future use; and

(ii) communication aids that the patient uses in communicating on a daily basis, except as may be strictly necessary for the patient's safety or the preservation of the communication aids for the patient's future use; and

(h) regardless of authorisation, the restraint –

(i) if the restraint is a chemical restraint, must not be administered with the intention that the patient be restrained by the chemical restraint for more than 6 hours; and

(ii) if the restraint is not a chemical restraint, must not exceed 6 hours; and

(iii) must not be maintained to the obvious detriment of the patient's mental or physical health.

(3)  Nothing in this section is to be taken as conferring any kind of authority for a patient to be placed under restraint as a means of punishment or for reasons of administrative or staff convenience.

(4)  [Section 57 Subsection (4) amended by No. 4 of 2023, s. 76, Applied:25 Sep 2023] However, nothing in this section applies to or prevents the emergency short-term physical restraint of a patient, subject to and in accordance with relevant standing orders or clinical guidelines, so as to –

(a) prevent the patient from harming himself or herself or others; or

(b) prevent the patient from damaging, or interfering with the operation of, a facility or any equipment; or

(c) break up a dispute or affray involving the patient; or

(d) ensure, if he or she is uncooperative, the patient's movement to or attendance at any place for a lawful purpose.

(5)  [Section 57 Subsection (5) amended by No. 4 of 2023, s. 76, Applied:25 Sep 2023] Notwithstanding the discretionary nature of the power under section 152(1) , the Chief Psychiatrist must ensure that standing orders are issued for this section.

(5A)  [Section 57 Subsection (5A) inserted by No. 4 of 2023, s. 76, Applied:25 Sep 2023] Consecutive periods of restraint under this section, in respect of an involuntary patient, are only to occur in accordance with the standing orders issued for this section.

(6)  In this section –

prescribed reason, for placing a patient under restraint, means –

(a) to facilitate the patient's treatment; or

(b) to ensure the patient's health or safety; or

(c) to ensure the safety of other persons; or

(d) to effect the patient's transfer to another facility, whether in this State or elsewhere.

Note 1

The restraint of an involuntary patient is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3 .

Note 2

[Section 57 Subsection (6) amended by No. 4 of 2023, Applied:25 Sep 2023] The Chief Psychiatrist has power to intervene in such circumstances– see section 147 .

58 Records, &c.

(1)  This section applies if an involuntary patient who is not a forensic patient is placed in seclusion or under restraint under this Part.

(2)  The person who authorises the seclusion or restraint is to –

(a) make an appropriate record of the matter; and

(ab) [Section 58 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 58 Subsection (2) amended by No. 4 of 2023, s. 77, Applied:25 Sep 2023] give a copy of the record to the patient, together with a statement of rights in an approved form; and

(b) [Section 58 Subsection (2) amended by No. 4 of 2023, s. 77, Applied:25 Sep 2023] give a copy of the record to the Chief Psychiatrist and the Tribunal; and

(c) place a copy of the record on the patient's clinical record.

(3)  [Section 58 Subsection (3) amended by No. 4 of 2023, s. 77, Applied:25 Sep 2023] The Chief Psychiatrist or Tribunal, by notice, may require the treating medical practitioner to provide further information about the matter within a required time and the treating medical practitioner is to comply with that requirement.

Division 6 Patient movements in respect of approved hospitals

59 Transfer of involuntary patients between approved hospitals

(1)  [Section 59 Subsection (1) amended by No. 4 of 2023, s. 78, Applied:25 Sep 2023] The Chief Psychiatrist may direct that an involuntary patient be transferred from one approved hospital to another if satisfied that the transfer is necessary for –

(a) the patient's health or safety; or

(b) [Section 59 Subsection (1) amended by No. 4 of 2023, s. 78, Applied:25 Sep 2023] the safety of other persons; or

(c) [Section 59 Subsection (1) amended by No. 4 of 2023, s. 78, Applied:25 Sep 2023] another prescribed reason.

(2)  [Section 59 Subsection (2) amended by No. 4 of 2023, s. 78, Applied:25 Sep 2023] [Section 59 Subsection (2) amended by No. 59 of 2016, s. 33, Applied:01 Jul 2017] [Section 59 Subsection (2) amended by No. 59 of 2016, s. 33, Applied:01 Jul 2017] Except in an emergency, the direction (the transfer direction) is to be in an approved form.

(2A)  [Section 59 Subsection (2A) inserted by No. 59 of 2016, s. 33, Applied:01 Jul 2017] In an emergency, the transfer direction may be given orally or in writing.

(2B)  [Section 59 Subsection (2B) amended by No. 4 of 2023, s. 78, Applied:25 Sep 2023] [Section 59 Subsection (2B) inserted by No. 59 of 2016, s. 33, Applied:01 Jul 2017] If a transfer direction is given orally in accordance with subsection (2A) , it must be confirmed in writing in an approved form as soon as practicable after it is given.

(2C)  [Section 59 Subsection (2C) inserted by No. 59 of 2016, s. 33, Applied:01 Jul 2017] The transfer direction is authority for an MHO to –

(a) take the patient under escort; and

(b) remove the patient from the transferring hospital; and

(c) take the patient to the other hospital.

(2D)  [Section 59 Subsection (2D) inserted by No. 59 of 2016, s. 33, Applied:01 Jul 2017] For the purposes of subsection (2C)  –

(a) [Section 59 Subsection (2D) amended by No. 4 of 2023, s. 78, Applied:25 Sep 2023] the Chief Psychiatrist may request that the patient be taken under escort (in which case the Chief Psychiatrist is to ensure that the escort is given a copy of the transfer direction); and

(b) the custody and escort provisions apply.

(3)  [Section 59 Subsection (3) amended by No. 4 of 2023, s. 78, Applied:25 Sep 2023] The Chief Psychiatrist is to –

(a) [Section 59 Subsection (3) amended by No. 4 of 2023, s. 78, Applied:25 Sep 2023] give a copy of the transfer direction to the patient (together with a statement of rights in an approved form); and

(b) give a copy of the transfer direction to –

(i) the controlling authority of each hospital; and

(ii) the treating medical practitioner; and

(iii) the Tribunal; and

(c) place a copy of the transfer direction on the patient's clinical record.

(4)  [Section 59 Subsection (4) amended by No. 4 of 2023, s. 78, Applied:25 Sep 2023] [Section 59 Subsection (4) substituted by No. 59 of 2016, s. 33, Applied:01 Jul 2017] The Chief Psychiatrist is to ensure that, if practicable, the actions required by subsection (3)(a) and (b) are taken before the transfer takes place.

(5)  [Section 59 Subsection (5) omitted by No. 59 of 2016, s. 33, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(6)  [Section 59 Subsection (6) omitted by No. 59 of 2016, s. 33, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(7)  [Section 59 Subsection (7) amended by No. 59 of 2016, s. 33, Applied:01 Jul 2017] Once the patient has been transferred, an order for the involuntary admission and, if necessary, detention, of the patient in the transferring hospital has effect as if it provided for the involuntary admission and, if necessary, detention of the patient in the other hospital.

Note

The transfer of an involuntary patient under this section is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3 .

60 Leave of absence from approved hospital

(1)  An approved medical practitioner may grant an involuntary patient leave of absence from an approved hospital (leave).

(2)  [Section 60 Subsection (2) amended by No. 59 of 2016, s. 34, Applied:01 Jul 2017] The leave may be granted for clinical or personal reasons.

(3)  [Section 60 Subsection (3) substituted by No. 4 of 2023, s. 79, Applied:25 Sep 2023] Leave for personal reasons may be granted to a patient –

(a) at the request of the patient; or

(b) at the request of a person who, in the opinion of the approved medical practitioner, has a genuine interest in the patient's welfare.

(3A)  [Section 60 Subsection (3A) inserted by No. 59 of 2016, s. 34, Applied:01 Jul 2017] Leave must not be granted for a continuous period of more than 14 days.

(4)  The patient may ask any staff member of the approved hospital for help in making the request and the staff member is to –

(a) render that help to the best of his or her ability; or

(b) arrange for another staff member of the approved hospital to render that help.

(5)  The leave is to be granted by means of an instrument in writing (the leave pass).

(6)  The leave may be granted on such conditions as the approved medical practitioner considers necessary or desirable for the patient's health or safety or the safety of other persons.

(7)  Without limiting the generality of subsection (6) , the patient may be required to be under escort during the leave or any portion thereof (in which case the custody and escort provisions apply).

(8)  The approved medical practitioner is to ensure that the conditions are specified in the leave pass.

(9)  Depending on when the leave is to be taken, the approved medical practitioner is to –

(a) [Section 60 Subsection (9) amended by No. 4 of 2023, s. 79, Applied:25 Sep 2023] give a copy of the leave pass to the patient in good time (together with a statement of rights in an approved form); and

(b) give a copy of the leave pass in good time to –

(i) the controlling authority of the relevant approved hospital; and

(ii) if applicable, the patient's escort; and

(iii) the Tribunal; and

(iv) [Section 60 Subsection (9) amended by No. 4 of 2023, s. 79, Applied:25 Sep 2023] the Chief Psychiatrist; and

(c) place a copy of the leave pass on the patient's clinical record.

(10)  Any approved medical practitioner may at any time, by notice to the patient –

(a) [Section 60 Subsection (10) amended by No. 59 of 2016, s. 34, Applied:01 Jul 2017] extend the leave (but not so as to let the total period of leave exceed a continuous period of 14 days); or

(b) vary the conditions of the leave; or

(c) cancel the leave.

(11)  To avoid doubt –

(a) [Section 60 Subsection (11) amended by No. 59 of 2016, s. 34, Applied:01 Jul 2017] the power under subsection (10)(a) may be exercised more than once (but not so as to let the total period of leave exceed a continuous period of 14 days); and

(b) the power under subsection (10)(b) may be exercised more than once; and

(c) a notice under subsection (10) may be expressed to take immediate or deferred effect.

(12)  On issuing a notice under subsection (10) , an approved medical practitioner is to –

(a) give a copy of the notice to –

(i) the controlling authority of the relevant approved hospital; and

(ii) if applicable, the patient's escort; and

(iii) the Tribunal; and

(iv) [Section 60 Subsection (12) amended by No. 4 of 2023, s. 79, Applied:25 Sep 2023] the Chief Psychiatrist; and

(b) place a copy of the notice on the patient's clinical record.

(13)  [Section 60 Subsection (13) amended by No. 4 of 2023, s. 79, Applied:25 Sep 2023] An approved medical practitioner who refuses a request for leave under this section is to –

(a) [Section 60 Subsection (13) amended by No. 4 of 2023, s. 79, Applied:25 Sep 2023] give notice of the refusal, with reasons, together with a statement of rights in an approved form, to –

(i) the patient; and

(ii) if the request was made by a person other than the patient, that person; and

(b) [Section 60 Subsection (13) amended by No. 4 of 2023, s. 79, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(c) place a copy of the notice of refusal, with reasons, on the patient's clinical record.

Note 1

A leave of absence under this section is reviewable by the Tribunal– see Division 2 of Part 3 of Chapter 3 . The power of review extends to every facet of such leave including refusal, cancellation and variation.

Note 2

[Section 60 Subsection (13) amended by No. 4 of 2023, Applied:25 Sep 2023] The Chief Psychiatrist has power to intervene in such circumstances– see section 147 .

61 Absence from approved hospital without leave or in breach of condition, &c.

(1)  This section applies if –

(a) an involuntary patient has taken leave of absence from an approved hospital pursuant to section 60 ; and

(b) any of the following occurs:

(i) the patient fails to comply with a condition of the leave;

(ii) the leave is cancelled;

(iii) the period of leave expires and the patient has not returned to the approved hospital; and

(c) the order authorising the patient's detention in the approved hospital is still in effect.

(1A)  [Section 61 Subsection (1A) inserted by No. 59 of 2016, s. 35, Applied:01 Jul 2017] This section also applies if a patient is absent from an approved hospital without leave.

(2)  [Section 61 Subsection (2) amended by No. 59 of 2016, s. 35, Applied:01 Jul 2017] The treating medical practitioner is to alert the Tribunal and may alert the Commissioner of Police of the circumstances.

(3)  [Section 61 Subsection (3) amended by No. 4 of 2023, s. 80, Applied:25 Sep 2023] Any MHO or police officer may detain the patient as may be required for the purpose of returning the patient to the approved hospital.

(4)  For the purposes of subsection (3) , the custody and escort provisions apply.

Division 7

[Division 7 of Part 3 of Chapter 2 Repealed by No. 4 of 2023, s. 81, Applied:25 Sep 2023]

62.

[Section 62 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 62 Repealed by No. 4 of 2023, s. 81, Applied:25 Sep 2023]

Division 8 Admission of involuntary patients to SMHU

63 Admission

(1)  [Section 63 Subsection (1) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] An involuntary patient who is not a person to whom section 68(1) applies may be admitted to an SMHU if the admission is authorised by the Chief Psychiatrist.

Note

An involuntary patient who is a person to whom section 68(1) applies may be admitted to an SMHU under section 68 .

(2)  However, such authorisation may be given only if –

(a) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] the patient is being detained in an approved facility; or

(b) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] the patient –

(i) is not a prisoner or youth detainee; or

(ii) is to cease to be a prisoner, or youth detainee, within 60 minutes of the authorisation being given; and

(c) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(d) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] the Chief Psychiatrist is satisfied that –

(i) the patient is, by reason of mental illness, a danger to himself or herself or to others; and

(ii) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] that danger is or has become so serious as to make –

(A) if the patient is detained at an approved facility other than an SMHU, the continued detaining of the patient at the approved facility untenable; or

(B) if the patient is detained at an SMHU, the detaining of the patient at an approved hospital untenable; and

(iii) in the circumstances, an SMHU is the only appropriate place where the patient can be safely detained; and

(iv) the particular SMHU has the resources to give the person appropriate treatment and care; and

(e) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] if the patient is a child, the Chief Psychiatrist is further satisfied that –

(i) the patient can be detained separately from adults; and

(ii) the probable benefits of accommodating the patient in an SMHU outweigh the probable risks.

(3)  [Section 63 Subsection (3) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] [Section 63 Subsection (3) amended by No. 59 of 2016, s. 36, Applied:01 Jul 2017] A patient admitted to an SMHU under this section may still be treated under the authority of a subsisting treatment order and the treatment order has effect as if it provided for the patient to be detained in the SMHU.

64 Admissions procedure, extensions and transfer

(1)  [Section 64 Subsection (1) amended by No. 4 of 2023, s. 83, Applied:25 Sep 2023] On authorising the admission of an involuntary patient to an SMHU under section 63 , the Chief Psychiatrist is to –

(a) determine the period for which the patient may be detained in the SMHU (the period of detention); and

(b) [Section 64 Subsection (1) amended by No. 4 of 2023, s. 83, Applied:25 Sep 2023] give notice of the admission, the reasons for the admission and the period of detention to the patient (together with a statement of rights, relating to the patient's rights under Part 4 and Part 5 , in an approved form); and

(c) give notice of the admission and the period of detention to –

(i) the controlling authority of the SMHU; and

(ii) the controlling authority of the approved hospital from which the patient is being transferred; and

(iii) [Section 64 Subsection (1) amended by No. 4 of 2023, s. 83, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(iv) the Tribunal.

(2)  [Section 64 Subsection (2) amended by No. 4 of 2023, s. 83, Applied:25 Sep 2023] The Chief Psychiatrist may extend the period of detention and, to avoid doubt, may do so more than once.

(3)  [Section 64 Subsection (3) omitted by No. 4 of 2023, s. 83, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(4)  [Section 64 Subsection (4) amended by No. 4 of 2023, s. 83, Applied:25 Sep 2023] On extending the period of detention, the Chief Psychiatrist is to –

(a) [Section 64 Subsection (4) amended by No. 4 of 2023, s. 83, Applied:25 Sep 2023] give notice of the extension, and the reasons for it, to the patient (together with a statement of rights in an approved form); and

(b) give notice of the extension to –

(i) the controlling authority of the SMHU; and

(ii) the controlling authority of the approved hospital from which the patient was transferred; and

(iii) [Section 64 Subsection (4) amended by No. 4 of 2023, s. 83, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(iv) the Tribunal.

(5)  [Section 64 Subsection (5) substituted by No. 4 of 2023, s. 83, Applied:25 Sep 2023] If, at any time, the Chief Psychiatrist is satisfied that the patient no longer meets the requirements of admission, the Chief Psychiatrist is to –

(a) arrange for the patient to be transferred to an approved hospital; and

(b) keep such written records of the transfer as the Chief Psychiatrist considers reasonable.

(6)  [Section 64 Subsection (6) omitted by No. 4 of 2023, s. 83, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(7)  [Section 64 Subsection (7) omitted by No. 4 of 2023, s. 83, Applied:25 Sep 2023] .  .  .  .  .  .  .  .  

(8)  To effect the transfer, an authorised person may –

(a) take the patient under escort; and

(b) remove the patient from the SMHU; and

(c) take the patient to an approved hospital.

(9)  For the purposes of subsection (8) , the custody and escort provisions apply.

Note

The admission of an involuntary patient to an SMHU under this Subdivision (and any extension of the period of detention) is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3 .

65 Period of detention

Subject to any orders of the Tribunal, an involuntary patient admitted to an SMHU under section 63 may be detained there until –

(a) the end of the period of detention determined under section 64(1) (or as extended under section 64(2) ); or

(b) [Section 65 Amended by No. 59 of 2016, s. 37, Applied:01 Jul 2017] [Section 65 Amended by No. 4 of 2023, s. 84, Applied:25 Sep 2023] if the Chief Psychiatrist arranges for the transfer of the patient under section 64(5) , the end of the 24-hour period immediately after the arrangements have been made; or

(c) [Section 65 Amended by No. 59 of 2016, s. 37, Applied:01 Jul 2017] if the patient is subject to an assessment order, the assessment order expires or is discharged; or

(d) [Section 65 Amended by No. 59 of 2016, s. 37, Applied:01 Jul 2017] if the patient is subject to a treatment order, the treatment order expires or is discharged –

[Section 65 Amended by No. 59 of 2016, s. 37, Applied:01 Jul 2017] whichever occurs first.