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FACT SHEET
Mental Health Bill 2012
The Bill replaces the current Mental Health Act 1996. The Bill has been drafted to
address issues raised by consumers, clinicians and other stakeholders throughout a
significant consultation process.
The Bill balances consumer rights with the need for treatment, while also recognising
the important role played by carers and family members of people with a mental
illness.
The current Act enables a person to be treated without consent, and for a person to
be detained without being treated. This is considered to be contrary to the rights of
persons with a mental illness and is not consistent with a human rights approach.
The Mental Health Bill 2012 seeks to address these concerns. Key features of the
Mental Health Bill 2012 are:
decision-making capacity is a key threshold criterion for determining whether
or not the Act will apply. On this basis the legislation does not enable a person
with decision-making capacity to be assessed, treated or detained against their
will
establishment of a single independent Tribunal with authority to make
decisions about both treatment and treatment setting, in the hospital and/or
community
a streamlined and simplified treatment pathway and clarified protective
custody, assessment and treatment pathways
all Treatment Orders made by the independent Tribunal are required to be
regularly reviewed within mandated timeframes
establishment of the statutory office of the Chief Civil Psychiatrist. Both the
Chief Civil Psychiatrist and Chief Forensic Psychiatrist are able to intervene
directly with respect to the assessment, treatment and care of patients and
may issue standing orders and clinical guidelines to guide the Act's
interpretation and utilisation
the responsibilities of clinicians and the rights of consumers and their
families/carers are clearly outlined and
the legislation contains provisions for the appointment, role and function of
Official Visitors, for the approval of facilities and statutory officers and the
management of forensic patients.
The Mental Health Bill 2012 enables individuals with capacity to make their own
treatment choices, while facilitating treatment for individuals who lack
decision-making capacity and who need treatment for their own health or safety, or
for the safety of others. The Bill represents a significant improvement in the
protection of the rights of mental health consumers in Tasmania.
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