Mental Health Act 2013

the person who applied to commence the proceedings;

the person in respect of whom an order is sought;

if an order is sought in respect of a child, a parent of the child;

the patient's representative, including a support person;

the controlling authority of the facility in which the patient is or has been accommodated;

the Chief Psychiatrist;

the Secretary;

the Director of Corrective Services or the Secretary (Youth Justice), as appropriate;

the Public Guardian or Deputy Public Guardian;

any other person that the Tribunal determines has a proper interest in the proceedings;

the patient;

the patient's representatives;

if the patient is or has been in an approved facility, the controlling authority of the approved facility;

the Chief Psychiatrist;

the treating medical practitioner;

by leave of the Tribunal, any other person who it considers to have a proper interest.

the Secretary;

the Public Guardian and Deputy Public Guardian;

if the proceedings concern a forensic patient who is a prisoner, the Director of Corrective Services;

if the proceedings concern a forensic patient who is a detainee under the Youth Justice Act 1997, the Secretary (Youth Justice).

The Tribunal is to ensure that a party to any proceedings is given reasonable notice of each hearing held in the course of those proceedings.

The Tribunal may notify such other persons of the hearing as it thinks fit in the circumstances.

Evidence given before the Tribunal is not admissible in any civil or criminal proceedings other than –

proceedings for an offence against this Act or the Tasmanian Civil and Administrative Tribunal Act 2020; or

proceedings for an offence committed at, or arising out of, a hearing before the Tribunal; or

any other proceedings under this Act; or

proceedings under the Criminal Justice (Mental Impairment) Act 1999 or Guardianship and Administration Act 1995; or

proceedings where another Act specifically allows or requires the admission of that evidence.

Despite sections 127A and 127B of the Evidence Act 2001, a medical practitioner or counsellor may disclose to the Tribunal information without the consent of the patient to whom the information relates.

A party to any proceedings is entitled to attend the hearings held in those proceedings.

However, the Tribunal may exclude any person from any proceedings if it reasonably considers that the person's presence may be detrimental to his or her health, safety or welfare or that of another person who is present.

A party to any proceedings may appear personally in the proceedings or be represented by an Australian legal practitioner, advocate or other person.

8. Appearance

When attending any proceedings in any capacity a patient is entitled to be dressed in ordinary (rather than institutional) clothing.

The Tribunal is to ensure that, as far as practicable, this entitlement is respected.

The proceedings of the Tribunal are not open to the public unless it determines otherwise in a particular instance.

If the Tribunal determines that any proceedings should be open to the public, any party to the proceedings may challenge that determination.

After hearing such a challenge, the Tribunal may –

close (or reclose) the proceedings to the public; or

exclude from the proceedings any person who has no direct interest in them; or

exclude from the proceedings any person who has not been authorised to be present.

The Tribunal, by order, may exclude any disorderly, disruptive or obstructionist person from any proceedings.

In this clause –

The President of the Tribunal may publish a record of any of its proceedings (including its determinations in those proceedings) particularly if it considers that the proceedings are of significance in terms of the operation of this Act, and, where it does so –

is to suppress information that could reasonably be expected to disclose the identity of any patient or former patient; and

may suppress any other information that could reasonably be expected to prejudicially identify any other person.

The record so published is to be provided to every party to the proceedings.

The Tribunal, by notice, may require the patient in any proceedings to have a medical examination by a specified medical practitioner if, having regard to the relevant proceedings, it is reasonable to make that requirement.

The notice is to specify –

the name of the medical practitioner who is to do the examination; and

the time and place of the examination.

The specified medical practitioner may be a member of the Tribunal.

The time and place specified for the medical examination must be reasonable.

The medical practitioner who does the medical examination must give the Tribunal and the patient a written report on its results.

The Tribunal is to bear the cost of the medical examination.

In this clause –

a report on the patient in any proceedings; or

copies of records about the treatment or care of the patient.

A party to any proceedings may, during the prescribed period, apply to the Tribunal for a written statement of its reasons for making any determination in or in respect of those proceedings.

The Tribunal is to comply with the request within 21 clear days after receiving it.

The statement of reasons is to be provided to every party to the proceedings.

In this clause –