Tasmanian Numbered Acts

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MENTAL HEALTH AMENDMENT ACT 2023 (NO. 4 OF 2023) - SECT 49

Section 15 substituted
Section 15 of the Principal Act is repealed and the following sections are substituted:

15.     Mental health service delivery principles

(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

(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.



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