The Tasmanian Government has tabled a new act before Parliament that will see the introduction of a new Mental Health Act for the state.

 

The Mental Health Bill 2012 aims to bolster support for mental health consumers by ensuring their treatment is more line with a human rights approach.

 

"The Bill represents a significant improvement in the protection of the rights of mental health consumers in Tasmania," State Minister for Health Michelle O’Byrne said.

 

"It also has the potential to make Tasmania a leader in the development of mental health legislation.

 

"The Bill balances consumer rights with the need for the treatment and care of people with mental illness.  

 

"The important role played by carers and family members of people with a mental illness is also recognised."

 

Ms O’Byrne said the legislation would give greater freedom of choice to mental health consumers if they have decision making capacity, while enabling treatment to be given to those lacking in that capacity.

 

The new legislation would prevent a person with mental illness being treated or detained against their will if they have decision-making capacity," Ms O'Byrne said.

 

"It would also establish a single independent Tribunal with authority to make decisions about both treatment and the treatment setting.

 

"The Bill recognises the difficulty associated with making decisions of this kind and proposes that treatment and treatment setting decisions should be made by an independent Tribunal comprised of legal and medical experts.

 

"In addition, it proposes these decisions should also be regularly reviewed within mandated timeframes."

 

Ms O'Byrne said the Bill was developed with feedback from a wide range of stakeholders including consumers, carers and clinicians.