Mental Health Act Review Consultation

Background

The Mental Health Act 2013 commenced on 17 February 2014.

The Tasmanian Minister for Mental Health and Wellbeing was required under section 229 of the Mental Health Act 2013 (the Act) to review the operation of the Act, and complete the review, within six years after the Act’s commencement. This review was initiated in 2019.

Following a comprehensive consultation process, the Mental Health Act 2013: Review of the Acts Operation Outcomes Report was released in June 2020. There were 29 recommendations which were accepted in full by the Minister for Mental Health and Wellbeing for implementation across two Tranches.

Tranche 1 amendments were finalised with the tabling of a Bill in both houses of Parliament in March 2023.  The Amendments were passed in full, following which, Royal Ascent of the Mental Health Amendment Bill 2023 commenced on 25 September 2023. 

Tranche 1 changes to the Mental Health Act 2013

Establishment of Single Role of Chief Psychiatrist

Individual references to the statutory roles of Chief Civil and Chief Forensic Psychiatrist were replaced by the single title of Chief Psychiatrist.  

Update of all Mental Health Act Forms and Documents

As part of the review implementation project, all forms and documents were updated with an overall reduction of forms. 

Patient Leave

Personal leave is now considered following a request, verbal or in writing from a patient or someone who, in the opinion of the approved medical practitioner, has a genuine interest in the patient’s welfare. This removes the requirement for the patient to complete an application form.

Strengthening of the Provisions Relating to Children

The definition of parent to further protect the rights of children was expanded, and an additional provision added allowing consent for treatment to be withdrawn by a single parent.

Improvements to Safeguards and Oversight

Official Visitors now have the ability to investigate complaints from children without parental or guardian consent, or a direct request from the child to investigate.  They can also request access to records relating to a patient’s assessment, treatment and care.

Seclusion and Restraint

Reduction to the maximum time of seclusion and restraint episodes with the initial episode being a maximum of 3 hours before a medical practitioner or approved nurse assesses the patient to see if the seclusion or restraint should continue or be terminated. If a continuation is required, this can be authorised for a maximum period of 3 hours. The maximum total for seclusion and restraint is 6 hours before a new episode must be authorised by the Chief Psychiatrist or a delegate.

Protective Custody is now Referred to as ‘Detaining for the Purposes of Assessment’

Although the provisions in section 17 – 21 of the Mental Health Act have not changed, an update to the term ‘protective custody’ to ‘Detaining for the Purposes of Assessment’ has occurred. 

Tranche 2 Changes to the Mental Health Act 2013

The Tranche 2 amendments include the more complex considerations. This required extensive consultation with key stakeholders through a project legislative working group and a steering committee. Membership of these groups included lived experience groups, legal experts and clinicians.  These groups have concluded their discussions and proposed amendments will be tabled with the Minister for Mental Health and Wellbeing for consideration. 

Proposed amendments include:

• Removal of barriers to timely treatment 
• Improving safety for consumers and staff
• Eliminating stigmatising language
• Streamlining the Act to make it easier to understand and apply.

Other matters raised in the outcome report which have not been included in the proposed legislative amendments will be addressed through education and training and the review of current forms and procedures.