Tasmanian Numbered Acts

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MENTAL HEALTH AMENDMENT ACT 2023 (NO. 4 OF 2023) - SECT 172

Schedule 2 amended (Custody and escort provisions)
Schedule 2 to the Principal Act is amended as follows:
(a) by omitting "take the patient into protective custody or under escort" from the definition of custodian in clause 1 of Part 1 and substituting "temporarily detain the patient for assessment or take the patient under escort" ;
(b) by omitting "a Chief" from paragraph (b) of the definition of relevant in clause 1 of Part 1 and substituting "the Chief" ;
(c) by omitting the definition of take from clause 1 of Part 1 and substituting the following definitions:
take , a patient under escort, includes holding the patient under escort;
temporarily detain , a patient for assessment, includes continuing to detain the person for assessment.
(d) by omitting from clause 1 of Part 2 "take a patient into protective custody or" and substituting "temporarily detain a patient for assessment or to take a patient" ;
(e) by omitting from clause 1(b) of Part 2 "taken into protective custody or under escort" and substituting "temporarily detained or taken under escort" ;
(f) by omitting from clause 1(c) of Part 2 "taken into protective custody or under escort" and substituting "temporarily detained or taken under escort" ;
(g) by omitting from clause 1(f) of Part 2 "examination," ;
(h) by omitting from clause 1(h) of Part 2 "examination or" ;
(i) by omitting from clause 2(1) of Part 2 "take a patient into protective custody or under escort –" and substituting "temporarily detain a patient or take a patient under escort –" ;
(j) by omitting from clause 3(6) of Part 2 "CFP" and substituting "Chief Psychiatrist" ;
(k) by omitting "a Chief" from paragraph (e) of the definition of affected party in clause 3(7) of Part 2 and substituting "the Chief" ;
(l) by omitting paragraph (a) from clause 1 of Part 3 and substituting the following paragraph:
(a) patients should not be temporarily detained for assessment if they can be properly assessed against the assessment criteria or treatment criteria without being so detained; and
(m) by omitting from clause 1(b) of Part 3 "taken into or held in protective custody" and substituting "temporarily detained for assessment" ;
(n) by omitting from clause 1(d) of Part 3 "taken into protective custody or under escort" and substituting "temporarily detained for assessment or taken under escort" .



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