Mental Health Amendment Act 2023


Tasmanian Crest
Mental Health Amendment Act 2023

An Act to amend the Mental Health Act 2013 and to consequentially amend the Corrections Act 1997, the Criminal Code Act 1924, the Criminal Justice (Mental Impairment) Act 1999, the Dangerous Criminals and High Risk Offenders Act 2021, the Disability Services Act 2011, the End-of-Life Choices (Voluntary Assisted Dying) Act 2021, the Justices Act 1959, the Magistrates Court (Criminal and General Division) Act 2019, the Sentencing Act 1997 and the Youth Justice Act 1997

[Royal Assent 20 April 2023]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Mental Health Amendment Act 2023 .

2.   Commencement

This Act commences on a day or days to be proclaimed.
PART 2 - Corrections Act 1997 Amended

3.   Principal Act

In this Part, the Corrections Act 1997 is referred to as the Principal Act.

4.   

The amendments effected by this Part have been incorporated into the authorised version of the Corrections Act 1997 .

5.   

The amendments effected by this Part have been incorporated into the authorised version of the Corrections Act 1997 .

6.   

The amendments effected by this Part have been incorporated into the authorised version of the Corrections Act 1997 .

7.   

The amendments effected by this Part have been incorporated into the authorised version of the Corrections Act 1997 .

8.   

The amendments effected by this Part have been incorporated into the authorised version of the Corrections Act 1997 .
PART 3 - Criminal Code Act 1924 Amended

9.   Principal Act

In this Part, the Criminal Code Act 1924 is referred to as the Principal Act.

10.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Code Act 1924 .
PART 4 - Criminal Justice (Mental Impairment) Act 1999 Amended

11.   Principal Act

In this Part, the Criminal Justice (Mental Impairment) Act 1999 is referred to as the Principal Act.

12.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

13.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

14.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

15.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

16.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

17.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

18.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

19.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

20.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

21.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

22.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

23.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

24.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .

25.   

The amendments effected by this Part have been incorporated into the authorised version of the Criminal Justice (Mental Impairment) Act 1999 .
PART 5 - Dangerous Criminals and High Risk Offenders Act 2021 Amended

26.   Principal Act

In this Part, the Dangerous Criminals and High Risk Offenders Act 2021 is referred to as the Principal Act.

27.   

The amendments effected by this Part have been incorporated into the authorised version of the Dangerous Criminals and High Risk Offenders Act 2021 .

28.   

The amendments effected by this Part have been incorporated into the authorised version of the Dangerous Criminals and High Risk Offenders Act 2021 .

29.   

The amendments effected by this Part have been incorporated into the authorised version of the Dangerous Criminals and High Risk Offenders Act 2021 .

30.   

The amendments effected by this Part have been incorporated into the authorised version of the Dangerous Criminals and High Risk Offenders Act 2021 .

31.   

The amendments effected by this Part have been incorporated into the authorised version of the Dangerous Criminals and High Risk Offenders Act 2021 .
PART 6 - Disability Services Act 2011 Amended

32.   Principal Act

In this Part, the Disability Services Act 2011 is referred to as the Principal Act.

33.   

The amendments effected by this Part have been incorporated into the authorised version of the Disability Services Act 2011 .

34.   

The amendments effected by this Part have been incorporated into the authorised version of the Disability Services Act 2011 .
PART 7 - End-of-Life Choices (Voluntary Assisted Dying) Act 2021 Amended

35.   Principal Act

In this Part, the End-of-Life Choices (Voluntary Assisted Dying) Act 2021 is referred to as the Principal Act.

36.   

The amendments effected by this Part have been incorporated into the authorised version of the End-of-Life Choices (Voluntary Assisted Dying) Act 2021 .
PART 8 - Justices Act 1959 Amended

37.   Principal Act

In this Part, the Justices Act 1959 is referred to as the Principal Act.

38.   

The amendments effected by this Part have been incorporated into the authorised version of the Justices Act 1959 .
PART 9 - Magistrates Court (Criminal and General Division) Act 2019 Amended

39.   Principal Act

In this Part, the Magistrates Court (Criminal and General Division) Act 2019 is referred to as the Principal Act.

40.   

The amendments effected by this Part have been incorporated into the authorised version of the Magistrates Court (Criminal and General Division) Act 2019 .

41.   

The amendments effected by this Part have been incorporated into the authorised version of the Magistrates Court (Criminal and General Division) Act 2019 .
PART 10 - Mental Health Act 2013 Amended

42.   Principal Act

In this Part, the Mental Health Act 2013 is referred to as the Principal Act.

43.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

44.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

45.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

46.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

47.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

48.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

49.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

50.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

51.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

52.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

53.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

54.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

55.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

56.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

57.    Section 24 amended (Making an assessment order)

Section 24 of the Principal Act is amended as follows:

[Uncommenced

(a) by omitting paragraphs (c) and (d) from subsection (1) ;

]

[Uncommenced

(b) by omitting from subsection (1)(e) "from the examination";

]

(c) by inserting in subsection (3)(b) "available" after "place";

[Uncommenced

(d) by omitting subsection (4) .

]

58.    Section 26 amended (Form and content of assessment order)

Section 26 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(a) "a CCP" and substituting "an";

[Uncommenced

(b) by omitting paragraph (c) from subsection (2) .

]

59.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

60.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

61.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

62.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

63.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

64.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

65.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

66.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

67.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

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The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

69.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

70.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

71.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

72.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

73.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

74.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

75.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

76.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

77.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

78.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

79.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

80.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

81.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

82.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

83.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

84.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

85.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

86.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

87.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

88.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

89.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

90.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

91.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

92.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

93.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

94.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

95.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

96.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

97.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

98.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

99.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

100.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

101.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

102.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

103.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

104.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

105.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

106.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

107.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

108.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

109.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

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The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

111.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

112.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

113.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

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The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

115.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

116.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

117.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

118.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

119.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

120.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

121.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

122.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

123.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

124.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

125.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

126.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

127.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

128.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

129.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

130.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

131.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

132.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

133.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

134.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

135.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

136.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

137.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

138.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

139.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

140.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

141.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

142.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

143.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

144.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

145.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

146.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

147.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

148.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

149.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

150.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

151.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

152.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

153.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

154.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

155.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

156.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

157.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

158.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

159.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

160.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

161.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

162.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

163.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

164.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

165.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

166.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

167.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

168.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

169.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

170.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .

171.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

172.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

173.   

The amendments effected by this section have been incorporated into the authorised version of the Mental Health Act 2013 .

174.   

The amendment effected by this section has been incorporated into the authorised version of the Mental Health Act 2013 .
PART 11 - Sentencing Act 1997 Amended

175.   Principal Act

In this Part, the Sentencing Act 1997 is referred to as the Principal Act.

176.   

The amendments effected by this Part have been incorporated into the authorised version of the Sentencing Act 1997 .

177.   

The amendments effected by this Part have been incorporated into the authorised version of the Sentencing Act 1997 .

178.   

The amendments effected by this Part have been incorporated into the authorised version of the Sentencing Act 1997 .

179.   

The amendments effected by this Part have been incorporated into the authorised version of the Sentencing Act 1997 .

180.   

The amendments effected by this Part have been incorporated into the authorised version of the Sentencing Act 1997 .
PART 12 - Youth Justice Act 1997 Amended

181.   Principal Act

In this Part, the Youth Justice Act 1997 is referred to as the Principal Act.

182.   

The amendments effected by this Part have been incorporated into the authorised version of the Youth Justice Act 1997 .

183.   

The amendments effected by this Part have been incorporated into the authorised version of the Youth Justice Act 1997 .

184.   

The amendments effected by this Part have been incorporated into the authorised version of the Youth Justice Act 1997 .

185.   

The amendments effected by this Part have been incorporated into the authorised version of the Youth Justice Act 1997 .