Mental Health Rights in Tasmania
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
At the federal level, Australia supports mental health through the National Mental Health Strategy, Medicare-funded services, and the NDIS for psychosocial disability.
Under the Better Access initiative, your GP can create a Mental Health Treatment Plan that gives you access to up to 10 Medicare-subsidised sessions per calendar year with a psychologist, social worker, or occupational therapist. Sessions beyond 10 require a new referral and review.
Key federal mental health supports include:
- Better Access: 10 individual sessions and 10 group therapy sessions per year, covered by Medicare
- Head to Health: free phone, video, and online mental health support (1800 595 212)
- NDIS psychosocial disability support: if you have a permanent and significant psychosocial disability resulting from a mental health condition, you may qualify for NDIS funding for daily living support, social participation, and recovery coaching
While involuntary treatment laws are state-based, federal law guarantees that people with psychosocial disability cannot be discriminated against under the Disability Discrimination Act 1992.
When does it apply?
- You have a Medicare card and are experiencing a mental health condition.
- Your GP creates a Mental Health Treatment Plan — this is required to access Medicare-subsidised psychology sessions.
- For NDIS: you have a permanent psychosocial disability that substantially reduces your ability to participate in daily activities.
What to Do If You Are Struggling with Your Mental Health in Australia
- See your GP and ask for a Mental Health Treatment Plan. This is a structured conversation, not a long assessment.
- Choose a psychologist or counsellor who bulk bills if cost is a concern — not all do, so ask before booking.
- Use all 10 sessions if you need them. After 6 sessions your GP must do a review before you can access the remaining 4.
- Call Head to Health on 1800 595 212 for free, immediate mental health support at any time.
- If you think you may qualify for NDIS, contact the NDIA on 1800 800 110 to discuss eligibility.
- In a crisis, call Lifeline on 13 11 14 or 000 for emergencies.
What should you NOT do?
- Don't skip the GP step — you need a Mental Health Treatment Plan to get Medicare rebates for psychology sessions.
- Don't assume you've used up all your options — your GP can refer you to a psychiatrist (with higher Medicare rebates) or a different type of mental health professional.
- Don't accept discrimination — it is illegal under federal law to discriminate against someone because of a mental health condition or psychosocial disability.
- Don't wait for a crisis — early intervention leads to better outcomes.
How Tasmania differs from federal law
Mental health in Tasmania is governed by the Mental Health Act 2013 (Tas), which sets out the rights of people with mental illness and the framework for voluntary and involuntary treatment.
- The Mental Health Act 2013 requires that treatment be provided in the least restrictive way possible and that involuntary treatment is a last resort. The Act places significant emphasis on patient rights, recovery, and supported decision-making.
- A person can be placed on a treatment order if they have a mental illness requiring immediate treatment and they refuse or are unable to consent to voluntary treatment. Orders must be reviewed regularly by the Mental Health Tribunal.
- The Chief Civil Psychiatrist (renamed from Chief Psychiatrist under the 2013 Act) oversees the operation of the involuntary treatment provisions.
- The Mental Health Tribunal is an independent body that reviews involuntary treatment orders, hears appeals, and ensures patients' rights are protected.
- Key mental health services in Tasmania include the Mental Health Services Helpline (1800 332 388), operated by the Tasmanian Health Service.
Additional Steps in Tasmania
For a mental health crisis, call the Mental Health Services Helpline (1800 332 388) or Lifeline (13 11 14). For complaints about mental health services, contact the Health Complaints Commissioner Tasmania (healthcomplaints.tas.gov.au). The Official Visitors Scheme provides independent monitoring of mental health facilities.
Relevant Law: Mental Health Act 2013 (Tas); Guardianship and Administration Act 1995 (Tas); Health Complaints Act 1995 (Tas)
Common Questions
When does mental health rights apply?
You have a Medicare card and are experiencing a mental health condition.Your GP creates a Mental Health Treatment Plan — this is required to access Medicare-subsidised psychology sessions.For NDIS: you have a permanent psychosocial disability that substantially reduces your ability to participate in daily activities.
What should I do if I need mental health support and cannot afford private therapy in Australia?
See your GP and ask for a Mental Health Treatment Plan. This is a structured conversation, not a long assessment.Choose a psychologist or counsellor who bulk bills if cost is a concern — not all do, so ask before booking.Use all 10 sessions if you need them. After 6 sessions your GP must do a review before you can access the remaining 4.Call Head to Health on 1800 595 212 for free, immediate mental health support at any time.If you think you may qualify for NDIS, contact the NDIA on 1800 800 110 to discuss eligibility.In a crisis, call Lifeline on 13 11 14 or 000 for emergencies.
What mistakes should I avoid with mental health rights?
Don't skip the GP step — you need a Mental Health Treatment Plan to get Medicare rebates for psychology sessions.Don't assume you've used up all your options — your GP can refer you to a psychiatrist (with higher Medicare rebates) or a different type of mental health professional.Don't accept discrimination — it is illegal under federal law to discriminate against someone because of a mental health condition or psychosocial disability.Don't wait for a crisis — early intervention leads to better outcomes.
Mental Health Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.