20/05/2026
It’s important to stay well!
People need to know what can happen in Tasmanian hospitals.
And how Advocacy Tasmania can help.
Most people wouldn't believe what can happen to older people presenting to our hospitals – but the truth is that once an older person walks through the hospital doors there is no guarantee they will be returning home.
For older Tasmanians, it can be a very slippery slope from a simple hospital admission to compulsory treatment orders, guardianship applications and permanent residential aged care. This is why our client Sally's* story is so important, and why our community needs to know how to get urgent help.
Sally and her husband, both in their eighties, had done all the right things. They had planned for the future and looked forward to seeing out their days in their own home. Their home was safe and accessible, they had supports in place, and their neighbours were like family.
When Sally experienced an adverse reaction following a recent medication change, she didn't think twice about going to hospital. Imagine her horror when she was taken into a secure inpatient mental health facility against her wishes and told she couldn't leave.
Fortunately, our advocates regularly visit secure inpatient facilities around Tasmania. On one of our visits, Sally told our advocate everything. She asked for help to find out what was happening and when she would be going home. Neither she nor her husband could believe that a routine hospital visit had turned into an involuntary detention nightmare. They were terrified and felt completely powerless.
Hospital staff moved quickly and applied for a Mental Health Tribunal hearing through the Tasmanian Civil and Administrative Tribunal (TASCAT). Our advocate prepared Sally for what to expect, but she was extremely anxious. She had never been before a court or tribunal in her life and asked our advocate to support her through the hearing. The Tribunal ultimately made an involuntary treatment order – meaning Sally could not leave the facility or return home to her husband.
Shortly after, Sally was told by hospital staff that she would be moving into a residential aged care home – at the opposite end of the state, far from everyone and everything she loved. Neither Sally nor her husband understood why. It made no sense to them.
Our advocate then discovered that hospital staff had been in extensive communication with Sally's adult children – without Sally or her husband's knowledge. Her children had agreed with the hospital that she should not return home and should move into aged care instead. Sally was stunned that her children seemed to have more say over her life than she did.
Worse still, hospital staff were quietly preparing a guardianship application that would legally remove Sally's right to decide where and how she lived. A guardian, once appointed, could move her into residential aged care permanently. Sally was mortified. By going to hospital for help, she had been catapulted toward losing everything – her home, her independence, and her life with her husband.
At the same time, Sally's Mental Health Treatment Order was due for review – and she hadn't even received notice of the hearing. Our advocate discovered it had been listed to be heard "on the papers," meaning no formal hearing would take place and the Tribunal would decide based only on written evidence. At Sally's direction, our advocate successfully requested a formal hearing so she could attend and be heard in person.
Sally now faced two simultaneous applications – one to continue her involuntary treatment order, and one to appoint a guardian and place her in aged care. Neither was what she or her husband wanted. Christmas was fast approaching, and what should have been a joyful time had become a living nightmare. Neither could imagine spending it apart.
Our advocates supported Sally to fight both applications. At the guardianship hearing, our advocate argued that Sally had full decision-making capacity, that in-home supports were available to her, and that residential aged care was completely unnecessary and not the least restrictive option – as required by law. It became evident that hospital staff had not considered any less restrictive alternatives before jumping to the most extreme option. The application was withdrawn during the hearing.
This had a flow-on effect. Sally's Mental Health Treatment Order was not renewed, as the Tribunal was not satisfied her decision-making capacity had been rebutted. Sally was free to leave hospital and return home to her husband – in time for Christmas.
Sally was lucky she asked Advocacy Tasmania for help. These processes are incredibly complex, especially when someone is also dealing with a medical condition. Without our support, the outcome would likely have been very different.
This doesn't just happen to people who live alone or have no family. Our advocates see this every day. It can happen to anyone. If it happens to you or someone you know, please reach out – our service is free, independent and confidential.
1800 005 131 (free call)
0457 806 963 (text)
contact@yoursaytas.org
You can also send us an online referral at our website:
www.advocacytasmania.org.au
*Sally is not the client’s real name
[Image Description: A photo of a hospital corridor with a bright light on the ceiling. The text in white says ‘People need to know what can happen in Tasmanian hospitals. Text in yellow says: And how Advocacy Tasmania can help’.]