The Tasmanian Government has successfully passed mental health legislation that seeks to ensure human rights of mental health consumers are strictly observed.

 

State Minister for Health, Michelle O’Byrne, said the Mental Health Bill 2012 strikes a balance between the rights of the consumer with the need for treatment.

 

"The current Act allows for a person to be treated without consent and for a person to be detained without being treated - we are changing that,” Ms O’Byrne said.

 

Ms O'Byrne said the new Bill does not allow for a person with decision-making capacity to be assessed, treated or detained against their will.

 

While the Bill enables individuals with capacity to make their own treatment choices, it does allow for treatment to be provided to people lacking capacity if it is needed for their health and safety or the safety of others.

 

"The Bill sets out the responsibilities of clinicians and the rights of consumers and their families and carers are clearly outlined and a streamlined and simplified treatment pathway,” Ms O’Byrne said.