The Tasmanian Government has passed major mental health reform through the State Parliament, giving mental health consumers and their carers a greater say in treatment and management of their illness.

The Mental Health Bill 2012 enshrines human rights of Tasmanians with a mental illness, with State Mentalh Health Minister Michelle O’Byrne saying it introduces significant changes to an archaic system.

Under current legislation, a person can be treated without consent and detained without treatment – we have changed that,” Ms O’Byrne said.

“This legislation is about balancing the rights of the consumer with the need for treatment – we are taking a human rights approach and we are leading the way.

“The new Bill does not allow for a person with decision-making capacity to be assessed, treated or detained against their will.”

The Bill will enable individuals with the capacity to make their own choices and judgments over their treatment choices, while it does allow for treatment to be provided to people lacking such capacity.

“The Bill sets out the responsibilities of clinicians and the rights of consumers and their families and carers are clearly outlined,” Ms O’Byrne said.

“It also establishes a single independent Tribunal to make decisions about treatment.

“This is a great step forward for our State that delivers a significant improvement in the protection of the rights of mental health consumers in Tasmania.”