{"id":"mental-health-act-2009","name":"Mental Health Act 2009","slug":"mental-health-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105936,"registerId":"sa-mental-health-act-2009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Mental Health Act 2009.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nabsent without leave—see subsection (2);\nadvance care directive means an advance care directive given under the Advance Care Directives Act 2013 that is in force;\nambulance officer means a person who is—\n\t(a)\temployed as an ambulance officer, or engaged as a volunteer ambulance officer, with an organisation that provides ambulance services; and\n\t(b)\tauthorised by the chief executive officer of SA Ambulance Service Inc to exercise the powers conferred by this Act on authorised officers;\napproved treatment centre means a place determined by the Chief Psychiatrist under Part 12 Division 5 to be an approved treatment centre for the purposes of this Act;\nauthorised community mental health facility means a facility that is determined by the Chief Psychiatrist under Part 12 Division 5 to be an authorised community mental health facility;\nauthorised medical practitioner means a person determined by the Chief Psychiatrist under Part 12 Division 3 to be an authorised medical practitioner for the purposes of this Act;\nauthorised mental health professional means a person determined by the Chief Psychiatrist under Part 12 Division 4 to be an authorised mental health professional for the purposes of this Act;\nauthorised officer means—\n\t(a)\ta mental health clinician; or\n\t(b)\tan ambulance officer; or\n\t(c)\ta person employed as a medical officer or flight nurse by the Royal Flying Doctor Service of Australia (Central Operations) Incorporated or the Royal Flying Doctor Service of Australia (South Eastern Section); or\n\t(d)\ta person, or a person of a class, approved by the Chief Psychiatrist, by notice in the Gazette, for the purposes of this definition; or\n\t(e)\tany other person, or person of a class, prescribed by the regulations for the purposes of this definition;\ncarer—a person is a carer of another if the person provides ongoing care or assistance to the other as a carer within the meaning of the Carers Recognition Act 2005; the term includes a person who was a carer of another before interruption of the provision of care due to the other's illness;\nChief Executive means the chief executive of the Department;\nChief Psychiatrist means the person appointed to the position of Chief Psychiatrist under Part 12 Division 2;\nchild means a person under 18 years of age;\ncommunity treatment order means—\n\t(a)\ta level 1 community treatment order; or\n\t(b)\ta level 2 community treatment order;\ncommunity visitor means—\n\t(a)\tthe person appointed to the position of Principal Community Visitor under Part 8 Division 2; or\n\t(b)\ta person appointed to a position of Community Visitor under Part 8 Division 2;\nconsent to treatment means effective consent to the treatment;\ndecision, of the Tribunal, has the same meaning as in the South Australian Civil and Administrative Tribunal Act 2013;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\ndirector of a treatment centre means the person for the time being in charge of the mental health services of the centre;\ndomestic partner—a person is a domestic partner of another if the person is a domestic partner of the other within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; the term includes a person who was a domestic partner of another before interruption of their shared living arrangements due to the other's illness;\nECT means electro-convulsive therapy;\nguardian—a person is a guardian of another if the person is acting or appointed under any Act or law as the guardian of the other;\nincorporated health service has the same meaning as in the Health Care Act 2008;\nincorporated hospital has the same meaning as in the Health Care Act 2008;\ninpatient in a treatment centre means a person admitted as a patient in a treatment centre;\ninpatient treatment order means—\n\t(a)\ta level 1 inpatient treatment order; or\n\t(b)\ta level 2 inpatient treatment order; or\n\t(c)\ta level 3 inpatient treatment order;\ninternal review means a review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013;\ninvoluntary inpatient means an inpatient who is subject to an inpatient treatment order;\nleave of absence—see section 36;\nlegal practitioner means a person admitted and enrolled as a practitioner of the Supreme Court of South Australia;\nlevel 1 community treatment order—see Part 4 Division 1;\nlevel 1 inpatient treatment order—see Part 5 Division 2;\nlevel 2 community treatment order—see Part 4 Division 2;\nlevel 2 inpatient treatment order—see Part 5 Division 3;\nlevel 3 inpatient treatment order—see Part 5 Division 4;\nlimited treatment centre means a place determined by the Chief Psychiatrist under Part 12 Division 5 to be a limited treatment centre for the purposes of this Act;\nmedical agent—a person is a medical agent of another if the person has been appointed under an Act or law to make decisions on behalf of the other about the other's medical treatment;\nmedical examination means examination of a person and the person's mental health by a medical practitioner or authorised mental health professional;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nmental health clinician means a person of a class of persons who are engaged in the treatment or care of patients and classified by the Chief Psychiatrist as mental health clinicians for the purposes of this Act;\nmental illness means any illness or disorder of the mind; see also Schedule 1 (Certain conduct may not indicate mental illness);\nneurosurgery for mental illness means leucotomy, amygdaloidotomy, hypothalamotomy, temporal lobectomy, cingulectomy, electrode implantation in the brain or any other brain surgery for the relief of mental illness by the elimination or stimulation of apparently normal brain tissues;\npatient, in relation to the provision of mental health services, includes (where the context so requires) the following:\n\t(a)\ta voluntary inpatient;\n\t(b)\ta person to whom a community treatment order applies;\n\t(c)\ta person to whom an inpatient treatment order applies;\n\t(d)\ta person to whom section 56 applies;\n\t(e)\ta person with a mental illness (within the meaning of this Act) who is liable to a supervision order under Part 8A of the Criminal Law Consolidation Act 1935;\npatient assistance request means a patient assistance request issued under Part 9;\npatient transport request means a patient transport request issued under Part 9 or Part 10;\nprescribed psychiatric treatment means—\n\t(a)\tECT; or\n\t(b)\tneurosurgery for mental illness; or\n\t(c)\tany other treatment declared by the regulations to be prescribed psychiatric treatment;\nPrescribed Psychiatric Treatment Panel or Panel means the Prescribed Psychiatric Treatment Panel established under Part 7 Division A1;\npsychiatrist means a person registered under the Health Practitioner Regulation National Law—\n\t(a)\tto practise in the medical profession; and\n\t(b)\tholding specialist registration as a psychiatrist;\nPublic Advocate means the person holding or acting in the office of Public Advocate under the Guardianship and Administration Act 1993;\nrelative—a person is a relative of another if—\n\t(a)\tthe person is related to the other by blood or marriage; or\n\t(b)\tthe person is a domestic partner of the other; or\n\t(c)\tthe person is of Aboriginal or Torres Strait Islander descent and related to the other according to Aboriginal kinship rules, or Torres Strait Islander kinship rules, as the case may require;\nrestrictive practice, in relation to a patient, includes—\n\t(a)\tthe use of physical, mechanical or chemical means to restrain the patient; and\n\t(b)\tseclusion or the confinement of the patient on his or her own in an area from which he or she cannot leave of his or her own volition;\nsenior psychiatrist means a person who has, since qualifying for registration as a specialist in psychiatry, had at least 5 years' experience as a practising psychiatrist;\nstaff of a treatment centre means the director of the centre or any person performing duties involved in the administration or operations of the centre, whether under a contract of employment or some other contractual arrangement;\nsubstitute decision‑maker, in respect of a person, means a substitute decision‑maker appointed under an advance care directive given by the person under the Advance Care Directives Act 2013 that is in force;\ntreatment or medical treatment means treatment or procedures administered or carried out by a medical practitioner or other health professional in the course of professional practice, and includes the prescription or supply of drugs;\ntreatment centre means an approved treatment centre or a limited treatment centre;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nvoluntary community patient means a person receiving treatment, care and rehabilitation services for a mental illness in an authorised community mental health facility;\nvoluntary inpatient means an inpatient who is not subject to an inpatient treatment order.\n\t(2)\tFor the purposes of this Act, a patient will be taken to be absent without leave if—\n\t(a)\tan inpatient treatment order applies to the patient; and\n\t(b)\tthe patient—\n\t(i)\thas not been taken into, or remained in, the care and control of treatment centre staff or an authorised officer or police officer after the making of the order and before admission to a treatment centre; or\n\t(ii)\thas left a treatment centre in which he or she was an involuntary inpatient, or the care and control of treatment centre staff, without leave of absence under Part 5 Division 5; or\n\t(iii)\thas been granted leave of absence from a treatment centre under Part 5 Division 5 but has not returned to the centre, or been taken into the care and control of treatment centre staff or an authorised officer or police officer, by the expiry of the leave or after cancellation of the leave.\n\t(3)\tFor the purposes of this Act, a form that has been approved by the Chief Psychiatrist must—\n\t(a)\tbe published on the Department's website; and\n\t(b)\tbe used for the purposes specified in the form; and\n\t(c)\tcontain the information required by, and be presented and completed in accordance with, any instruction contained in the form; and\n\t(d)\tbe lodged in the manner and form required by the Chief Psychiatrist.\n4—Application of Act\n\t(1)\tThis Act applies to children in the same way as to persons of full age, subject to the following:\n\t(a)\ta right conferred on a person under this Act may, if the person is a child under 16 years of age, be exercised by a parent or guardian of the child on behalf of the child;\n\t(b)\tan obligation under this Act to give a document to a person is, if the person is a child under 16 years of age, to be treated as an obligation to give the document to a parent or guardian of the child, and operates to the exclusion of any further obligation under this Act to send or give the document to a guardian, medical agent, relative, carer or friend;\n\t(c)\tan obligation under this Act to give information to a person (including information about the person's illness, any order that applies to the person, his or her legal rights, the treatment and other services that are to be provided or offered to the person and what alternatives are available) is, if the person is a child under 16 years of age, to be treated as an obligation to give the information to a parent or guardian of the child.\n\t(2)\tSubsection (1) does not affect the operation of a provision of this Act that expressly relates to a child or children.\n\t(3)\tSubject to an express provision of this Act or of any other Act, this Act is in addition to and does not derogate from—\n\t(a)\tthe Advance Care Directives Act 2013; and\n\t(b)\tthe Consent to Medical Treatment and Palliative Care Act 1995; and\n\t(c)\tthe Guardianship and Administration Act 1993.\n5—Medical examinations by audio‑visual conferencing\n\t(1)\tA reference in this Act to medical examination or examination of a person by a medical practitioner or authorised mental health professional includes, if it is not practicable in the circumstances for a medical practitioner or authorised mental health professional to carry out an examination of the person in the person's physical presence, a reference to an examination of the person by the medical practitioner or authorised mental health professional by means of audio‑visual conferencing.\n\t(2)\tIn this section—\naudio‑visual conferencing means any system of two‑way communication linking different places so that a person speaking at any 1 of the places can be seen and heard at the other.\n5A—Decision‑making capacity\n\t(1)\tA person is, in the absence of evidence or a law of the State to the contrary, to be presumed to have full decision‑making capacity in respect of decisions about his or her health care, residential and accommodation arrangements and personal affairs.\n\t(2)\tFor the purposes of this Act, a person will be taken to have impaired decision‑making capacity in respect of a particular decision if—\n\t(a)\tthe person is not capable of—\n\t(i)\tunderstanding any information that may be relevant to the decision (including information relating to the consequences of making a particular decision); or\n\t(ii)\tretaining such information; or\n\t(iii)\tusing such information in the course of making the decision; or\n\t(iv)\tcommunicating his or her decision in any manner; or\n\t(b)\tin the case of a person who has given an advance care directive—the person has satisfied any requirement in the advance care directive that sets out when the person is to be considered to have impaired decision‑making capacity (however described) in respect of a decision of the relevant kind.\n\t(3)\tFor the purposes of this Act—\n\t(a)\ta person will not be taken to be incapable of understanding information merely because the person is not able to understand matters of a technical or trivial nature; and\n\t(b)\ta person will not be taken to be incapable of retaining information merely because the person can only retain the information for a limited time; and\n\t(c)\ta person may fluctuate between having impaired decision‑making capacity and full decision‑making capacity; and\n\t(d)\ta person's decision‑making capacity will not be taken to be impaired merely because a decision made by the person results, or may result, in an adverse outcome for the person.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects and guiding principles","content":"Part 2—Objects and guiding principles\n6—Objects\nThe objects of this Act are—\n\t(a)\tto ensure that persons with severe mental illness—\n\t(i)\treceive a comprehensive range of services of the highest standard for their treatment, care and rehabilitation with the goal of bringing about their recovery as far as is possible; and\n\t(ii)\tretain their freedom, rights, dignity and self‑respect as far as is consistent with their protection, the protection of the public and the proper delivery of the services; and\n\t(b)\tfor that purpose, to confer appropriately limited powers to make orders for community treatment, or inpatient treatment, of such persons where required.\n7—Guiding principles\n\t(1)\tThe Minister, the Tribunal, the Chief Psychiatrist, health professionals and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the performance of their functions:\n\t(a)\tmental health services should be designed to bring about the best therapeutic outcomes for patients, and, as far as possible, their recovery and participation in community life;\n\t(ab)\tmental health services should meet the highest levels of quality and safety;\n\t(ac)\tmental health services should (subject to this Act or any other Act) be provided in accordance with international treaties and agreements to which Australia is a signatory;\n\t(b)\tmental health services should be provided on a voluntary basis as far as possible, and otherwise in the least restrictive way and in the least restrictive environment that is consistent with their efficacy and public safety, and at places as near as practicable to where the patients, or their families or other carers or supporters, reside;\n\t(c)\tmental health services should be governed by comprehensive treatment and care plans that are developed in a multi‑disciplinary framework in consultation with the patients (including children) and their family or other carers or supporters;\n\t(ca)\tmental health services should take into account—\n\t(i)\tthe different developmental stages of infants, children, young persons, adults and older persons; and\n\t(ii)\tthe gender or gender identity, or the sexuality or sexual identity or orientation, of persons; and\n\t(iii)\tthe particular needs of persons with disability; and\n\t(iv)\tin the case of persons of Aboriginal or Torres Strait Islander descent—the persons' traditional beliefs and practices and, when practicable and appropriate, involve collaboration with health workers and traditional healers from their communities; and\n\t(v)\tthe cultural and linguistic backgrounds of persons; and\n\t(vi)\tthe background, circumstances and particular needs of persons who have experienced torture or trauma;\n\t(d)\tthere should be regular medical examination of every patient's mental and physical health and regular medical review of any order applying to the patient;\n\t(e)\tchildren and young persons should be cared for and treated separately from other patients as necessary to enable the care and treatment to be tailored to their different developmental stages;\n\t(f)\tthe rights, welfare and safety of the children and other dependants of patients should always be considered and protected as far as possible;\n\t(g)\tmedication should be used only for therapeutic purposes or safety reasons and not as a punishment or for the convenience of others;\n\t(h)\trestrictive practices should be used only as a last resort for safety reasons and not as a punishment or for the convenience of others;\n\t(i)\tpatients (together with their family or other carers or supporters) should be provided with comprehensive information about their illnesses, any orders that apply to them, their legal rights, the treatments and other services that are to be provided or offered to them and what alternatives are available;\n\t(j)\tinformation should be provided in a way that ensures as far as practicable that it can be understood by those to whom it is provided.\n\t(2)\tIn this section—\nmental health services means all services involved in the treatment, care and rehabilitation of persons with severe mental illness, including the making and carrying out of orders under this Act and services to assist the recovery of patients after the termination of the orders or the completion of treatment;\npatient includes a voluntary community patient.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Voluntary inpatients","content":"Part 3—Voluntary inpatients\n8—Voluntary inpatients\n\t(1)\tA person may be admitted as a voluntary inpatient in a treatment centre at his or her own request.\n\t(2)\tA person admitted as a voluntary inpatient in a treatment centre may leave the centre at any time unless an inpatient treatment order then applies to the person.\n9—Voluntary inpatients to be given statement of rights\n\t(1)\tThe director of a treatment centre must ensure that a voluntary inpatient in the centre is given, as soon as practicable after admission, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(2)\tIf a patient is unable to read or otherwise comprehend the statement of rights, the director must ensure that any steps that are practicable in the circumstances are taken to convey the information contained in the statement to the patient.\n\t(3)\tSubject to subsection (4), the director must cause a copy of the statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.\n\t(a)\tthe person to be sent or given a copy of the statement of rights must be—\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give a copy of the statement;\n\t(b)\tthe director is not required to send or give a copy of the statement to a person whose whereabouts are not known to or readily ascertainable by the director;\n\t(c)\tit is not appropriate for the director to send or give a copy of the statement to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Orders for treatment of persons with mental illness","content":"Part 4—Orders for treatment of persons with mental illness\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Level 1 community treatment orders","content":"Division 1—Level 1 community treatment orders\n10—Level 1 community treatment orders\n\t(1)\tA medical practitioner or authorised mental health professional may make an order for the treatment of a person (a level 1 community treatment order) if it appears to the medical practitioner or authorised mental health professional, after examining the person, that—\n\t(b)\tbecause of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and\n\t(c)\tthe person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and\n\t(d)\tthere is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness.\n\t(2)\tIn considering whether there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis.\n\t(3)\tA level 1 community treatment order must be made in writing in the form approved by the Chief Psychiatrist.\n\t(4)\tA level 1 community treatment order, unless earlier revoked, expires at a time fixed in the order which must be 2 pm on a business day not later than 42 days after the day on which it is made.\n\t(5)\tOn the making of a level 1 community treatment order, the following provisions apply:\n\t(a)\tthe patient must be examined by a psychiatrist or authorised medical practitioner, who must, if the order was made by a psychiatrist or authorised medical practitioner, be a different psychiatrist or authorised medical practitioner from whomever made the order;\n\t(b)\tthe examination must occur within 24 hours of the making of the order;\n\t(c)\tif it is not practicable for the examination to occur within that period, it must occur as soon as practicable thereafter;\n\t(d)\tafter completion of the examination, the psychiatrist or authorised medical practitioner may confirm the level 1 community treatment order if satisfied that the grounds referred to in subsection (1) exist for the making of a level 1 community treatment order, but otherwise must revoke the order.\n\t(6)\tA medical practitioner or authorised mental health professional may form an opinion about a person under subsection (1) or (5) based on his or her own observations and any other available evidence that he or she considers reliable and relevant (which may include evidence about matters occurring outside the State).\n\t(7)\tA psychiatrist or authorised medical practitioner who has examined a patient to whom a level 1 community treatment order applies may vary or revoke the order at any time.\nA psychiatrist or authorised medical practitioner who revokes a level 1 community treatment order may, in substitution, make a level 1 inpatient treatment order under Part 5 Division 2.\n\t(8)\tConfirmation, variation or revocation of a level 1 community treatment order must be effected by notice in the form approved by the Chief Psychiatrist.\n11—Chief Psychiatrist to be notified of level 1 orders or their variation or revocation\n\t(1)\tA psychiatrist or authorised medical practitioner making, confirming, varying or revoking a level 1 community treatment order must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.\n\t(3)\tThe Chief Psychiatrist must, within 1 business day, by written notice sent or given to the psychiatrist or authorised medical practitioner, acknowledge receipt by the Chief Psychiatrist of a notice under subsection (1).\n12—Copies of level 1 orders, notices and statements of rights to be given to patients etc\n\t(1)\tA medical practitioner or authorised mental health professional making a level 1 community treatment order must ensure that the patient is given, as soon as practicable, a copy of the order.\n\t(2)\tA medical practitioner or authorised mental health professional making a level 1 community treatment order must ensure that the patient is given, as soon as practicable, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(3)\tIf a patient is unable to read or otherwise comprehend the statement of rights, the medical practitioner or authorised mental health professional must ensure that any steps that are practicable in the circumstances are taken to convey the information contained in the statement to the patient.\n\t(4)\tSubject to subsection (6), a psychiatrist or authorised medical practitioner making or confirming a level 1 community treatment order must cause a copy of the order and statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.\n\t(5)\tIf a level 1 community treatment order is varied or revoked, the psychiatrist or authorised medical practitioner varying or revoking the order must—\n\t(a)\tensure that the patient is given, as soon as practicable, a copy of the notice of variation or revocation of the order; and\n\t(b)\tsubject to subsection (6), cause a copy of the notice of variation or revocation to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.\n\t(a)\tthe person to be sent or given a copy of the order and statement of rights, or notice of variation or revocation, must be—\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give the copy of the order and statement, or notice of variation or revocation;\n\t(b)\tthe psychiatrist or authorised medical practitioner is not required to send or give a copy of the order and statement, or notice of variation or revocation, to a person whose whereabouts are not known to or readily ascertainable by the psychiatrist or authorised medical practitioner;\n\t(c)\tit is not appropriate for the psychiatrist or authorised medical practitioner to send or give a copy of the order and statement, or notice of variation or revocation, to a particular person if the psychiatrist or authorised medical practitioner has reason to believe that it would be contrary to the patient's best interests to do so.\n13—Treatment of patients to whom level 1 orders apply\n\t(1)\tSubject to subsection (2), a patient to whom a level 1 community treatment order applies may be given treatment for his or her mental illness of a kind authorised by a psychiatrist or authorised medical practitioner who has examined the patient.\n\t(2)\tAuthorisation is not required under subsection (1) for treatment if a medical practitioner considers that—\n\t(a)\tthe nature of the patient's mental illness is such that the treatment is urgently needed for the patient's well‑being; and\n\t(b)\tin the circumstances it is not practicable to obtain that authorisation.\n\t(3)\tThe treatment may be given despite the absence or refusal of consent to the treatment.\n\t(4)\tThis section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.\n14—Chief Psychiatrist to ensure monitoring of compliance with level 1 orders\nThe Chief Psychiatrist must, after receiving notice of the making of a level 1 community treatment order, ensure that there is a mental health clinician who has ongoing responsibility for monitoring and reporting to the Chief Psychiatrist on the patient's compliance with the order.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Level 2 community treatment orders","content":"Division 2—Level 2 community treatment orders\n16—Level 2 community treatment orders\n\t(1)\tIf the Tribunal is satisfied that—\n\t(a)\ta person has a mental illness; and\n\t(b)\tbecause of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and\n\t(c)\tthe person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and\n\t(d)\tthere is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness,\nthe Tribunal may make an order for the treatment of the person (a level 2 community treatment order). \n\t(2)\tIn considering whether there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis.\n\t(3)\tA level 2 community treatment order may be made in respect of a person—\n\t(a)\ton an application to the Tribunal for the Tribunal's decision as to whether it should make a community treatment order in respect of the person (whether or not a level 1 community treatment order has been made in respect of the person); or\n\t(c)\ton an application to the Tribunal under Part 5 Division 4 for the revocation of a level 3 inpatient treatment order that applies to the person.\n\t(4)\tAn application may be made to the Tribunal for the Tribunal's decision as to whether it should make a community treatment order in respect of a person by—\n\t(a)\tthe Public Advocate; or\n\t(b)\ta medical practitioner; or\n\t(c)\ta mental health clinician; or\n\t(d)\ta guardian, medical agent, relative, carer or friend of the person; or\n\t(e)\tany other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient.\n\t(4a)\tA level 1 community treatment order applying in relation to a person is taken to be revoked on the making of a level 2 community treatment order in relation to the person.\n\t(5)\tA level 2 community treatment order, unless earlier revoked, expires at a time fixed in the order which must be—\n\t(a)\tin the case of an order relating to a child—2 pm on a business day not later than 6 calendar months after the day on which it is made; or\n\t(b)\tin any other case—2 pm on a business day not later than 12 calendar months after the day on which it is made.\n\t(6)\tA registrar of the Tribunal must, not less than 2 months before the expiry of a level 2 community treatment order that has a period of operation of more than 6 months, send to the applicant (if any) for the order, the Public Advocate and to any other person who it appears to the registrar may have a proper interest in the welfare of the patient a written reminder of the date of expiry of the order.\n\t(7)\tThe Tribunal may, on application, by order, vary or revoke a level 2 community treatment order at any time.\n\t(8)\tAn application for variation or revocation of a level 2 community treatment order may be made by—\n\t(a)\tthe patient; or\n\t(b)\tthe Public Advocate; or\n\t(c)\ta medical practitioner; or\n\t(d)\ta mental health clinician; or\n\t(e)\ta guardian, medical agent, relative, carer or friend of the patient; or\n\t(f)\tany other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient.\n17—Chief Psychiatrist to be notified of level 2 orders or their variation or revocation\nA registrar of the Tribunal must ensure that the Chief Psychiatrist is notified, within 1 business day, of the making, variation or revocation of a level 2 community treatment order by the Tribunal.\n18—Treatment of patients to whom level 2 orders apply\n\t(1)\tSubject to subsection (2), a patient to whom a level 2 community treatment order applies may be given treatment for his or her mental illness of a kind authorised by a psychiatrist or authorised medical practitioner who has examined the patient.\n\t(2)\tAuthorisation is not required under subsection (1) for treatment if a medical practitioner considers that—\n\t(a)\tthe nature of the patient's mental illness is such that the treatment is urgently needed for the patient's well‑being; and\n\t(b)\tin the circumstances it is not practicable to obtain that authorisation.\n\t(3)\tTreatment may be given under this section despite the absence or refusal of consent to the treatment.\n\t(4)\tThis section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.\nUnder Part 6, the treatment and care of a patient to whom a level 2 community treatment order applies is to be governed by a treatment and care plan.\n19—Chief Psychiatrist to ensure monitoring of compliance with level 2 orders\nThe Chief Psychiatrist must ensure that for each patient to whom a level 2 community treatment order applies there is a mental health clinician who has ongoing responsibility for monitoring and reporting to the Chief Psychiatrist on the patient's compliance with the order.\n","sortOrder":5},{"sectionNumber":"Part 5","sectionType":"part","heading":"Orders for treatment as inpatient of persons with mental illness","content":"Part 5—Orders for treatment as inpatient of persons with mental illness\nDivision 1—Non‑compliance with community treatment orders and making of inpatient treatment orders\n20—Non-compliance with community treatment orders and making of inpatient treatment orders\n\t(1)\tA person's refusal or failure to comply with a community treatment order is a relevant consideration in deciding whether an inpatient treatment order should be made in respect of the person under this Part.\n\t(2)\tHowever, nothing in this Act prevents the making of an inpatient treatment order under this Part in respect of a person without a prior community treatment order having been made in respect of the person if an inpatient treatment order is required in the particular circumstances.\nDivision 2—Level 1 inpatient treatment orders\n21—Level 1 inpatient treatment orders\n\t(1)\tA medical practitioner or authorised mental health professional may make an order that a person receive treatment as an inpatient in a treatment centre (a level 1 inpatient treatment order) if it appears to the medical practitioner or authorised mental health professional, after examining the person, that—\n\t(b)\tbecause of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and\n\t(ba)\tthe person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and\n\t(c)\tthere is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness.\n\t(2)\tIn considering whether there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or in compliance with a community treatment order.\n\t(3)\tA level 1 inpatient treatment order must be made in writing in the form approved by the Chief Psychiatrist.\n\t(4)\tA level 1 inpatient treatment order, unless earlier revoked, expires at a time fixed in the order which must be 2 pm on a business day not later than 7 days after the day on which it is made.\n\t(5)\tOn the making of a level 1 inpatient treatment order, the following provisions apply:\n\t(a)\tthe patient must be examined by a psychiatrist or authorised medical practitioner, who must, if the order was made by a psychiatrist or authorised medical practitioner, be a different psychiatrist or authorised medical practitioner;\n\t(b)\tthe examination must occur within 24 hours of the making of the order;\n\t(c)\tif it is not practicable for the examination to occur within that period, it must occur as soon as practicable thereafter;\n\t(d)\tafter completion of the examination, the psychiatrist or authorised medical practitioner may confirm the level 1 inpatient treatment order if satisfied that the grounds referred to in subsection (1) exist for the making of a level 1 inpatient treatment order, but otherwise must revoke the order.\n\t(6)\tA medical practitioner or authorised mental health professional may form an opinion about a person under subsection (1) or (5) based on his or her own observations and any other available evidence that he or she considers reliable and relevant (which may include evidence about matters occurring outside the State).\n\t(7)\tA psychiatrist or authorised medical practitioner who has examined a patient to whom a level 1 inpatient treatment order applies may revoke the order at any time.\nA psychiatrist or authorised medical practitioner who revokes a level 1 inpatient treatment order may, in substitution, make a level 1 community treatment order under Part 4 Division 1.\n\t(8)\tConfirmation or revocation of a level 1 inpatient treatment order must be effected by notice in the form approved by the Chief Psychiatrist.\n22—Chief Psychiatrist to be notified of level 1 orders or their revocation\n\t(1)\tA psychiatrist or authorised medical practitioner making, confirming or revoking a level 1 inpatient treatment order must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.\n\t(2)\tIf the order is made within 7 days after the expiry or revocation of a previous inpatient treatment order applying to the same person, the Chief Psychiatrist must ensure that the Tribunal is given a copy of the notice referred to in subsection (1) within 1 business day of the making of the order.\n\t(3)\tThe Chief Psychiatrist must, within 1 business day, by written notice sent or given to the psychiatrist or authorised medical practitioner, acknowledge receipt by the Chief Psychiatrist of a notice under subsection (1).\n23—Copies of level 1 orders, notices and statements of rights to be given to patients etc\n\t(1)\tA medical practitioner or authorised mental health professional making a level 1 inpatient treatment order must ensure that the patient is given, as soon as practicable, a copy of the order.\n\t(2)\tA medical practitioner or authorised mental health professional making a level 1 inpatient treatment order must ensure that the patient is given, as soon as practicable, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(3)\tIf a patient is unable to read or otherwise comprehend the statement of rights, the medical practitioner or authorised mental health professional must ensure that any steps that are practicable in the circumstances are taken to convey the information contained in the statement to the patient.\n\t(4)\tSubject to subsection (6), the director of a treatment centre in which a patient is first admitted as an inpatient under a level 1 inpatient treatment order must cause a copy of the order and statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.\n\t(5)\tIf a level 1 inpatient treatment order is revoked, the director of the treatment centre in which the patient is admitted as an inpatient must—\n\t(a)\tensure that the patient is given, as soon as practicable, a copy of the notice of revocation of the order; and\n\t(b)\tsubject to subsection (6), cause a copy of the notice of revocation to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.\n\t(a)\tthe person to be sent or given a copy of the order and statement of rights, or notice of revocation, must be—\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give the copy of the order and statement, or notice of revocation;\n\t(b)\tthe director is not required to send or give a copy of the order and statement, or notice of revocation, to a person whose whereabouts are not known to or readily ascertainable by the director;\n\t(c)\tit is not appropriate for the director to send or give a copy of the order and statement, or notice of revocation, to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.\n24—Treatment of patients to whom level 1 orders apply\n\t(1)\tA patient to whom a level 1 inpatient treatment order applies may be given treatment for his or her mental illness, or for any other illness that may be causing or contributing to the mental illness, of a kind authorised by a medical practitioner who has examined the patient.\n\t(2)\tThe treatment may be given despite the absence or refusal of consent to the treatment.\n\t(3)\tNothing prevents the treatment of a patient to whom a level 1 inpatient treatment order applies before confirmation of the order under this Part.\n\t(4)\tThis section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.\n\t(5)\tIf a medical practitioner authorises treatment of a patient to whom a level 1 inpatient treatment order applies that is treatment of a kind prescribed by the regulations, the medical practitioner must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.\n","sortOrder":6},{"sectionNumber":"Div 3","sectionType":"division","heading":"Level 2 inpatient treatment orders","content":"Division 3—Level 2 inpatient treatment orders\n25—Level 2 inpatient treatment orders\n\t(1)\tIf a level 1 inpatient treatment order has been made or confirmed by a psychiatrist or authorised medical practitioner under Division 2, a psychiatrist or authorised medical practitioner may, after further examination of the patient carried out before the order expires, make a further order for the treatment of the patient as an inpatient in an approved treatment centre (a level 2 inpatient treatment order).\n\t(2)\tA psychiatrist or authorised medical practitioner may make a level 2 inpatient treatment order if satisfied that—\n\t(b)\tbecause of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and\n\t(ba)\tthe person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and\n\t(c)\tthere is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness.\n\t(3)\tIn considering whether there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or in compliance with a community treatment order.\n\t(4)\tA psychiatrist or authorised medical practitioner may form an opinion about a person under subsection (2) based on his or her own observations and any other available evidence that he or she considers reliable and relevant (which may include evidence about matters occurring outside the State).\n\t(5)\tA level 2 inpatient treatment order must be made in writing in the form approved by the Chief Psychiatrist.\n\t(6)\tSubject to subsection (7), a level 2 inpatient treatment order, unless earlier revoked, expires at a time fixed in the order which must be 2 pm on a business day not later than 42 days after the day on which it is made.\n\t(7)\tA level 2 inpatient treatment order may, once only, be extended by a psychiatrist or authorised medical practitioner (other than the psychiatrist or authorised medical practitioner who made the order) who has examined the patient to whom the order applies and, in that case, the order, unless earlier revoked, will expire at a time fixed in the extended order (which must be 2 pm on a business day not later than 42 days from the day on which the order would, had it not been extended, have expired).\n\t(8)\tA psychiatrist or authorised medical practitioner who has examined a patient to whom a level 2 inpatient treatment order applies may revoke the order at any time.\nA psychiatrist or authorised medical practitioner who revokes a level 2 inpatient treatment order may, in substitution, make a level 1 community treatment order under Part 4 Division 1. \n\t(9)\tRevocation of a level 2 inpatient treatment order must be effected by notice in the form approved by the Chief Psychiatrist.\n26—Notices and reports relating to level 2 orders\n\t(1)\tA psychiatrist or authorised medical practitioner making or revoking a level 2 inpatient treatment order must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.\n\t(2)\tIf the order extends an inpatient treatment order, the Chief Psychiatrist must ensure that the Tribunal is given a copy of the notice referred to in subsection (1) within 1 business day of the making of the order.\n\t(3)\tThe Chief Psychiatrist must, within 1 business day, by written notice sent or given to the psychiatrist or authorised medical practitioner, acknowledge receipt by the Chief Psychiatrist of a notice under subsection (1).\n\t(4)\tA psychiatrist or authorised medical practitioner making a level 2 inpatient treatment order must, as soon as practicable, provide to the director of the approved treatment centre in which the patient is or is to be an involuntary inpatient a written report of the results of his or her examination of the patient and of the reasons for making the order.\n\t(5)\tOn receiving a report under subsection (4), the director must forward a copy of the report to the Chief Psychiatrist.\n27—Copies of level 2 orders, notices and statements of rights to be given to patients etc\n\t(1)\tA psychiatrist or authorised medical practitioner making a level 2 inpatient treatment order must ensure that the patient is given, as soon as practicable, a copy of the order.\n\t(2)\tA psychiatrist or authorised medical practitioner making a level 2 inpatient treatment order must ensure that the patient is given, as soon as practicable, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(3)\tIf a patient is unable to read or otherwise comprehend the statement of rights, the psychiatrist or authorised medical practitioner must ensure that any steps that are practicable in the circumstances are taken to convey the information contained in the statement to the patient.\n\t(4)\tSubject to subsection (6), the director of a treatment centre in which a patient is first admitted as an inpatient under a level 2 inpatient treatment order must cause a copy of the order and statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.\n\t(5)\tIf a level 2 inpatient treatment order is revoked, the director of the treatment centre in which the patient is admitted as an inpatient must—\n\t(a)\tensure that the patient is given, as soon as practicable, a copy of the notice of revocation of the order; and\n\t(b)\tsubject to subsection (6), cause a copy of the notice of revocation to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.\n\t(a)\tthe person to be sent or given a copy of the order and statement of rights, or notice of revocation must be—\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give the copy of the order and statement, or notice of revocation;\n\t(b)\tthe director is not required to send or give a copy of the order and statement, or notice of revocation, to a person whose whereabouts are not known to or readily ascertainable by the director;\n\t(c)\tit is not appropriate for the director to send or give a copy of the order and statement, or notice of revocation, to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.\n28—Treatment of patients to whom level 2 orders apply\n\t(1)\tA patient to whom a level 2 inpatient treatment order applies may be given treatment for his or her mental illness, or for any other illness that may be causing or contributing to the mental illness, of a kind authorised by a medical practitioner who has examined the patient.\n\t(2)\tThe treatment may be given despite the absence or refusal of consent to the treatment.\n\t(3)\tThis section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.\n\t(4)\tIf a medical practitioner authorises treatment of a patient to whom a level 2 inpatient treatment order applies that is treatment of a kind prescribed by the regulations, the medical practitioner must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.\nUnder Part 6, the treatment and care of a patient to whom a level 2 inpatient treatment order applies is to be governed by a treatment and care plan.\n","sortOrder":7},{"sectionNumber":"Div 4","sectionType":"division","heading":"Level 3 inpatient treatment orders","content":"Division 4—Level 3 inpatient treatment orders\n29—Level 3 inpatient treatment orders\n\t(1)\tIf the Tribunal is satisfied that—\n\t(a)\ta person has a mental illness; and\n\t(b)\tbecause of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and\n\t(ba)\tthe person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and\n\t(c)\tthere is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness,\nthe Tribunal may make an order that the person receive treatment as an inpatient in an approved treatment centre (a level 3 inpatient treatment order).\n\t(2)\tIn considering whether there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or in compliance with a community treatment order.\n\t(3)\tA level 3 inpatient treatment order may be made, on application, in respect of a person to whom a level 1, level 2 or level 3 inpatient treatment order applies.\n\t(4)\tAn application may be made for the Tribunal to make a level 3 inpatient treatment order in respect of a person by the Public Advocate, the director of an approved treatment centre or an employee in an approved treatment centre authorised by the director of the centre for the purpose.\n\t(4a)\tA level 1 or 2 inpatient treatment order applying in relation to a person is taken to be revoked on the making of a level 3 inpatient treatment order in relation to the person.\n\t(5)\tA level 3 inpatient treatment order, unless earlier revoked, expires at a time fixed in the order which must be—\n\t(a)\tin the case of an order relating to a child—2 pm on a business day not later than 6 calendar months after the day on which it is made; or\n\t(b)\tin any other case—2 pm on a business day not later than 12 calendar months after the day on which it is made.\n\t(6)\tThe Tribunal may, on application, by order, vary or revoke a level 3 inpatient treatment order at any time.\n\t(7)\tAn application for variation or revocation of a level 3 inpatient treatment order may be made by—\n\t(a)\tthe patient; or\n\t(b)\tthe Public Advocate; or\n\t(c)\ta medical practitioner; or\n\t(d)\ta mental health clinician; or\n\t(e)\ta guardian, medical agent, relative, carer or friend of the patient; or\n\t(f)\tany other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient.\nIf the Tribunal revokes a level 3 inpatient treatment order, it may, in substitution, make a level 2 community treatment order under Part 4 Division 2.\n30—Chief Psychiatrist to be notified of level 3 orders or their variation or revocation\nA registrar of the Tribunal must ensure that the Chief Psychiatrist is notified, within 1 business day, of the making, variation or revocation of a level 3 inpatient treatment order by the Tribunal.\n31—Treatment of patients to whom level 3 orders apply\n\t(1)\tA patient to whom a level 3 inpatient treatment order applies may be given treatment for his or her mental illness, or for any other illness that may be causing or contributing to the mental illness, of a kind authorised by a medical practitioner who has examined the patient.\n\t(2)\tTreatment may be given under this section despite the absence or refusal of consent to the treatment.\n\t(3)\tThis section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.\n\t(4)\tIf a medical practitioner authorises treatment of a patient to whom a level 3 inpatient treatment order applies that is treatment of a kind prescribed by the regulations, the medical practitioner must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.\nUnder Part 6, the treatment and care of a patient to whom a level 2 or level 3 inpatient treatment order applies is to be governed by a treatment and care plan.\n","sortOrder":8},{"sectionNumber":"Div 5","sectionType":"division","heading":"General","content":"Division 5—General\n32—Inpatient treatment orders displace community treatment orders\nIf an inpatient treatment order is made in respect of a person to whom a community treatment order applies and the community treatment order is not revoked, the requirements of the community treatment order do not apply for the period of operation of the inpatient treatment order (and if the community treatment order remains in force at the end of that period, the requirements of the order will apply again according to their terms).\n33—Duty of director of treatment centre to comply with inpatient treatment orders\n\t(1)\tThis section applies when—\n\t(a)\ta person to whom an inpatient treatment order applies is in the care and control of treatment centre staff; or\n\t(b)\tan inpatient treatment order is made in respect of a voluntary inpatient.\n\t(2)\tSubject to section 35, the director of the treatment centre must—\n\t(a)\tif the person is not already admitted to the centre, admit the person to the centre; and\n\t(b)\tcomply with the inpatient treatment order.\nThe treatment centre must, in the case of a patient to whom a level 2 or level 3 inpatient treatment order applies, be an approved treatment centre (not a limited treatment centre).\n34—Involuntary inpatients not permitted to leave treatment centre or care and control of staff\n\t(1)\tAn involuntary inpatient in a treatment centre is not permitted to leave the treatment centre without being in the care and control of treatment centre staff or having been granted a leave of absence.\n\t(2)\tAn involuntary inpatient under the care and control of treatment centre staff outside the treatment centre is not permitted to leave that care and control without having been granted a leave of absence.\n\t(3)\tIf granted a leave of absence, the involuntary inpatient is required to comply with the conditions of the leave of absence.\n34A—Confinement and other powers relating to involuntary inpatients\n\t(1)\tThis section applies to a patient to whom an inpatient treatment order applies who is present at, or has been admitted to, a treatment centre.\n\t(2)\tTreatment centre staff may take measures for the confinement of the patient, and exercise powers (including the power to restrain the patient and otherwise use force in relation to the patient), as reasonably required in the circumstances—\n\t(a)\tfor carrying the inpatient treatment order applying to the patient into effect and ensuring compliance with this Act; and\n\t(b)\tfor the maintenance of order and security at the centre or the prevention of harm or nuisance to others.\n\t(3)\tSubsection (2) has effect subject to Part 2 and the other provisions of this Act and, in the case of staff other than the director, subject to the directions of the director.\n35—Transfer of involuntary inpatients\n\t(1)\tIf the director of a treatment centre considers it is necessary or appropriate for an involuntary inpatient to be transferred from the centre to another treatment centre, the director may give a direction for the patient to be transferred to the other treatment centre, after first arranging with the director of the other centre for the patient's admission to that centre.\nThe other treatment centre must, in the case of a patient to whom a level 2 or level 3 inpatient treatment order applies, be an approved treatment centre (not a limited treatment centre).\n\t(2)\tThe director of a treatment centre may give a direction—\n\t(a)\tfor an involuntary inpatient to be transferred to a hospital, or between hospitals, in circumstances where the patient has or has had an illness other than a mental illness, after first arranging with the person in charge of the relevant hospital for the patient's admission to the hospital; and\n\t(b)\tfor the patient's transfer back to the treatment centre after completion of the hospital treatment.\n\t(3)\tIf an involuntary inpatient has been transferred to a hospital as a result of a direction under this section—\n\t(a)\tthe patient is, while in the care and control of staff of the hospital to be taken to continue in the care and control of the treatment centre staff; and\n\t(b)\tstaff of the hospital may exercise the powers conferred by section 34 in relation to the patient as if they were treatment centre staff.\n\t(4)\tA direction under this section must be given by writing in the form approved by the Minister.\n\t(5)\tSubject to subsection (6), if the patient has been admitted to the centre, the director must notify a guardian, medical agent, relative, carer or friend of the patient on giving a direction under this section for the transfer of the patient from the centre.\n\t(6)\tThe following provisions apply for the purposes of subsection (5):\n\t(a)\tthe notification must be given by writing in the form approved by the Chief Psychiatrist;\n\t(b)\tthe person to be notified must be—\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient whom it is practicable and appropriate to notify;\n\t(c)\tthe director is not required to notify a person whose whereabouts are not known to or readily ascertainable by the director;\n\t(d)\tit is not appropriate for the director to notify a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.\n36—Leave of absence of involuntary patients\n\t(1)\tThe director of a treatment centre may, by a statement in writing in the form approved by the Chief Psychiatrist, grant an involuntary inpatient leave of absence from the centre for any purpose and period that the director considers appropriate and specifies in the notice.\n\t(2)\tLeave of absence may be granted subject to any conditions that the director considers appropriate and specifies in the notice.\n\t(3)\tThe director must ensure that the patient is given a copy of the notice by which the patient is granted leave of absence before the patient commences the leave.\n37—Persons granted leave of absence to be given statement of rights\n\t(1)\tThe director of a treatment centre who grants an involuntary inpatient leave of absence from the centre must ensure that the patient is given, before the patient commences the leave, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(2)\tIf the patient is unable to read or otherwise comprehend the statement of rights, the director must take any steps that are practicable in the circumstances to convey the information contained in the statement to the patient.\n\t(3)\tSubject to subsection (4), the director must cause a copy of the statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.\n\t(a)\tthe person to be sent or given a copy of the statement of rights must be—\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give a copy of the statement;\n\t(b)\tthe director is not required to send or give a copy of the statement to a person whose whereabouts are not known to or readily ascertainable by the director;\n\t(c)\tit is not appropriate for the director to send or give a copy of the statement to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.\n38—Cancellation of leave of absence\n\t(1)\tThe director of a treatment centre may, by notice in the form approved by the Chief Psychiatrist, cancel any leave of absence from the centre granted to a patient under this Division.\n\t(2)\tThe director has an absolute discretion to cancel any such leave.\n\t(3)\tThe director must cause reasonable steps to be taken for the notice of cancellation to be given to the patient before, or as soon as practicable after, the patient is taken back into the care and control of treatment centre staff.\n","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"Treatment and care plans","content":"Part 6—Treatment and care plans\n39—Treatment and care plans for voluntary patients\n\t(1)\tThe treatment and care of a voluntary patient must, as far as practicable, be governed by a treatment and care plan directed towards the patient's recovery.\n\t(a)\tmust describe the treatment and care that will be provided to the patient at the treatment centre and should describe any rehabilitation services and other significant services that will be provided or made available to the patient; and\n\t(i)\tthe patient and any guardian, medical agent, relative, carer or friend of the patient who is providing support to the patient under this Act; and\nvoluntary patient means—\n\t(a)\ta voluntary community patient; or\n\t(b)\ta voluntary inpatient.\n40—Treatment and care plans for patients to whom community treatment orders apply\n\t(1)\tThe treatment and care of a patient to whom a level 2 community treatment order applies must, as far as practicable, be governed by a treatment and care plan directed towards the patient's recovery.\n\t(a)\tmust describe the treatment and care that will be provided to the patient under the requirements of the order and should describe any rehabilitation services and other significant services that will be provided or available to the patient whether under the requirements of the order or through the patient's voluntary participation; and\n\t(i)\tthe patient and any guardian, medical agent, relative, carer or friend of the patient who is providing support to the patient under this Act; and\n41—Treatment and care plans for patients to whom inpatient treatment orders apply\n\t(1)\tThe treatment and care of a patient to whom a level 2 or level 3 inpatient treatment order applies must, as far as practicable, be governed by a treatment and care plan directed towards the patient's recovery.\n\t(a)\tmust describe the treatment and care that will be provided to the patient as an inpatient in the approved treatment centre and should describe any rehabilitation services and other significant services that will be provided or available to the patient as an inpatient in the treatment centre or following the person's discharge from the centre; and\n\t(i)\tthe patient and any guardian, medical agent, relative, carer or friend of the patient who is providing support to the patient under this Act; and\n","sortOrder":10},{"sectionNumber":"Part 7","sectionType":"part","heading":"Regulation of prescribed psychiatric treatments","content":"Part 7—Regulation of prescribed psychiatric treatments\nDivision A1—Prescribed Psychiatric Treatment Panel\n41A—Prescribed Psychiatric Treatment Panel\n\t(1)\tThe Prescribed Psychiatric Treatment Panel is established.\n\t(2)\tThe Panel consists of—\n\t(a)\tthe Chief Psychiatrist; and\n\t(b)\tno more than 8 other persons appointed by the Governor on the recommendation of the Minister, of whom at least—\n\t(i)\t1 must be a patient or former patient; and\n\t(ii)\t1 must be a carer or former carer; and\n\t(iii)\t1 must be a senior psychiatrist; and\n\t(iv)\t1 must be a neurosurgeon; and\n\t(v)\t1 must be a legal practitioner in this State; and\n\t(vi)\t1 must be a person with credentials and experience in bioethics.\n\t(3)\tA member of the Panel must be a person who, in the opinion of the Minister, is qualified, by reason of his or her knowledge, expertise and experience, to assist the Panel to exercise its functions under this Act.\n\t(4)\tThe Minister must consult with the Chief Psychiatrist before making a recommendation under subsection (2)(b).\n\t(5)\tThe Governor may make appointments from time to time in accordance with this section for the purpose of maintaining or increasing the membership of the Panel established under this section.\n41B—Conditions of appointment to Panel\n\t(1)\tAn appointed member of the Panel will be appointed for a term of office, not exceeding 5 years, and on conditions specified in the instrument of appointment (and is eligible for reappointment at the expiration of a term of office).\n\t(2)\tA member of the Panel is entitled to receive such allowances and expenses as the Governor may from time to time determine.\n\t(3)\tThe Governor may, on the recommendation of the Minister, remove an appointed member from office for—\n\t(a)\tmental or physical incapacity to carry out official duties satisfactorily; or\n\t(b)\tneglect of duty; or\n\t(c)\tdishonourable conduct.\n\t(4)\tA person appointed to the Panel ceases to be a member if the person—\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tceases to satisfy any qualification by virtue of which the person was eligible for appointment to the Tribunal; or\n\t(e)\tis removed from office under subsection (3).\n\t(5)\tThe Minister must consult with the Chief Psychiatrist before making a recommendation under subsection (3).\n41C—Functions of Panel\nThe Prescribed Psychiatric Treatment Panel has the following functions in relation to the regulation of prescribed psychiatric treatments:\n\t(a)\tto conduct a review of the progress of a patient who has, in the course of any 12 month period, received 3 or more courses of ECT treatment;\n\t(b)\tto conduct a review of the progress of a patient to whom, in the course of any 12 month period, 2 or more episodes of ECT have been administered without consent in reliance on section 42(6);\n\t(c)\tto authorise the carrying out of neurosurgery on a patient as a treatment for mental illness;\n\t(d)\tto carry out any other function conferred on the Panel under this Act.\n41D—Constitution and proceedings of Panel\n\t(1)\tThe following provisions apply in proceedings before the Prescribed Psychiatric Treatment Panel under this Act:\n\t(a)\tsubject to this section, the Panel may decide its own proceedings;\n\t(b)\tthe Chief Psychiatrist is the presiding member of the Panel;\n\t(c)\tthe Panel will meet at such times and places as required by the Chief Psychiatrist for the purposes of carrying out its functions;\n\t(d)\tthe Panel will be constituted, in relation to a particular matter or matters, by the Chief Psychiatrist and at least 2 other members selected by the Chief Psychiatrist;\n\t(e)\ta question the Panel is required to decide will be resolved according to the opinion of the majority of them (but, if the opinions on the question are equally divided, the question is to be resolved according to the opinion of the Chief Psychiatrist);\n\t(f)\ta telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Panel at which the participating members are present.\n\t(2)\tA decision of the Panel must be recorded in writing and kept by the Chief Psychiatrist.\nDivision 1—ECT\n42—ECT\n\t(1)\tSubject to this section, but despite any other Act or law, ECT must not be administered to a patient unless—\n\t(a)\tthe patient has a mental illness; and\n\t(b)\tECT, or a course of ECT, has been authorised for treatment of the illness by a psychiatrist who has examined the patient; and\n\t(c)\twritten consent to the treatment has been given—\n\t(i)\tif the patient has attained 16 years of age and is capable of making decisions on his or her own behalf—by the patient; or\n\t(ii)\tif the patient has attained 16 years of age but is incapable of making decisions on his or her own behalf—\n\t(A)\tin the case of a patient who has given an advance care directive under which a substitute decision‑maker has been appointed—by each substitute decision‑maker appointed under the advance care directive or by the Tribunal on application under this section; or\n\t(B)\tin any other case—by a medical agent or guardian of the patient or by the Tribunal on application under this section; or\n\t(iii)\tif the patient is under 16 years of age—by a parent or guardian of the patient or by the Tribunal on application under this section.\n\t(2)\tConsent to a course of ECT must be limited to a maximum of 12 episodes of ECT and a maximum period of 3 months, and any second or subsequent course of ECT for a patient must be separately consented to after the commencement or completion of the preceding course.\n\t(3)\tECT administered to a patient in order to determine the correct dose for future episodes of ECT in a course of treatment must be counted as a single episode of ECT in that course of treatment for the purposes of this section.\n\t(4)\tThe following provisions apply in relation to consent given to the administration of ECT treatment:\n\t(a)\tthe consent extends to the administration of anaesthetics required for the purposes of the ECT treatment;\n\t(b)\tthe consent does not extend to the use of any force for the purposes of administering the ECT treatment;\n\t(c)\tconsent may be withdrawn at any time by the person by whom consent has been given.\n\t(5)\tAn application for the Tribunal's consent under this section may be made by a medical practitioner or mental health clinician.\n\t(6)\tConsent to a particular episode of ECT is not required if a psychiatrist considers that—\n\t(a)\tthe patient has a mental illness of such a nature that administration of that particular episode of ECT is urgently needed for the patient's well‑being; and\n\t(b)\tin the circumstances it is not practicable to obtain that consent.\n\t(7)\tA psychiatrist who administers or authorises the administration of an episode of ECT to a patient, either with consent under subsection (1) or without consent in reliance on subsection (6), must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a written notice in the form approved by the Minister—\n\t(a)\tadvising the Chief Psychiatrist of that action; and\n\t(8)\tA person who contravenes subsection (1) is guilty of an offence.\nMaximum penalty: $50 000 or 4 years imprisonment.\n\t(9)\tIn this section—\n\t(b)\ta reference to an episode of ECT is a reference to a period during which ECT stimuli are administered under a continuing general anaesthetic.\nDivision 2—Neurosurgery for mental illness\n43—Neurosurgery for mental illness\n\t(1)\tDespite any other Act or law, neurosurgery must not be carried out on a patient as a treatment for mental illness unless—\n\t(a)\tthe patient has a mental illness; and\n\t(b)\tthe neurosurgery has been authorised for treatment of the illness by—\n\t(i)\tthe person who is to carry it out; and\n\t(ii)\t2 psychiatrists (at least 1 of whom is a senior psychiatrist), each of whom has separately examined the patient; and\n\t(iii)\tthe Prescribed Psychiatric Treatment Panel; and\n\t(c)\tthe patient is of or over 16 years of age and written consent to the treatment has been given—\n\t(i)\tby the patient; or\n\t(ii)\tif consent cannot be given by the patient—by the Tribunal on application under this section.\n\t(1a)\tFor the purposes of subsection (1)(b)(iii), the person by whom the neurosurgery is to be carried out must ensure that the Chief Psychiatrist is sent or given, at least 14 days before the neurosurgery is proposed to be carried out—\n\t(a)\ta written notice in the form approved by the Chief Psychiatrist—\n\t(i)\tadvising the Chief Psychiatrist of the proposed neurosurgery; and\n\t(ii)\trequesting the Prescribed Psychiatric Treatment Panel to authorise the proposed neurosurgery; and\n\t(iii)\tcontaining any other information required by the notice; and\n\t(b)\ta copy of the report of each psychiatrist on examining the patient under subsection (1)(b)(ii).\n\t(2)\tAn application for the Tribunal's consent under this section may be made by a medical practitioner or mental health clinician.\n\t(2a)\tA person who carries out neurosurgery on a patient as a treatment for mental illness must ensure that the Chief Psychiatrist is sent or given, within 3 months of carrying out the neurosurgery—\n\t(a)\ta written report in the form approved by the Chief Psychiatrist containing such information about the neurosurgery as may be required by the Chief Psychiatrist; and\n\t(b)\ta copy of a report from a psychiatrist who has examined the patient after the neurosurgery.\n\t(3)\tA person who contravenes subsection (1) is guilty of an offence.\nMaximum penalty: $50 000 or 4 years imprisonment.\nDivision 3—Other prescribed psychiatric treatments\n44—Other prescribed psychiatric treatments\n\t(1)\tThe regulations may regulate the administration of any prescribed psychiatric treatment (other than ECT or neurosurgery) by imposing requirements for prior authorisations or consents (or both).\n\t(2)\tAny requirements of the regulations for prior authorisations or consents (or both) for a treatment of mental illness will have effect despite the provisions of any other Act or law.\n\t(3)\tThe regulations may impose a maximum penalty of $50 000 or 4 years imprisonment (or some lesser maximum penalty) for administering a treatment of mental illness without a prior authorisation or consent required under the regulations.\n\t(4)\tNo regulation may be made declaring treatment to be prescribed psychiatric treatment, or regulating the administration of any such treatment, except on the recommendation of the Prescribed Psychiatric Treatment Panel.\n","sortOrder":11},{"sectionNumber":"Part 8","sectionType":"part","heading":"Further protections for persons with mental illness","content":"Part 8—Further protections for persons with mental illness\nDivision 1—Patients' rights and protections\n45—Assistance of interpreters\n\t(1)\tIf—\n\t(a)\ta medical practitioner or authorised mental health professional intends to conduct an examination of a person for the purposes of this Act; and\n\t(b)\tthe person is unable to communicate adequately in English but could communicate adequately with the assistance of an interpreter,\nthe medical practitioner or authorised mental health professional must arrange for a competent interpreter to assist during the examination of the person.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tto an examination following which a level 1 community treatment order or level 1 inpatient treatment order may be made unless the assistance of an interpreter can be readily arranged by the medical practitioner or authorised mental health professional in the circumstances; or\n\t(b)\tif the medical practitioner or authorised mental health professional and the person can communicate adequately in a language other than English.\n46—Copies of Tribunal's orders, decisions and statements of rights to be given\n\t(1)\tA registrar of the Tribunal must ensure that a patient is given, as soon as practicable after the making by the Tribunal of an order or decision under this Act in respect of the patient—\n\t(a)\ta copy of the order or decision; and\n\t(2)\tIf the patient is unable to read or otherwise comprehend the statement of rights, the registrar must ensure that any steps are taken that are practicable in the circumstances to convey the information contained in the statement to the patient.\n\t(3)\tSubject to subsection (4), the registrar must ensure that a copy of the order or decision and the statement of rights are sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.\n\t(a)\tthe person to be sent or given a copy of the order or decision and the statement of rights must be—\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give a copy of the order or decision and the statement;\n\t(b)\tthere is no requirement for a copy of the order or decision and the statement to be sent or given to a person whose whereabouts are not known to or readily ascertainable by the registrar;\n\t(c)\tit is not appropriate for a copy of the order or decision and the statement to be sent or given to a particular person if there is reason to believe that it would be contrary to the patient's best interests to do so.\n47—Patients' right to be supported by guardian etc\n\t(1)\tA patient is entitled to have another person's support, wherever practicable, in—\n\t(a)\tthe exercise of a right under this Act; or\n\t(b)\tany communications between the patient and a medical practitioner examining or treating the patient or between the patient and the director or staff of a treatment centre in which the patient is an inpatient.\n\t(2)\tThe support may be provided by—\n\t(a)\tif the patient is a child—a parent or guardian of the patient; or\n\t(b)\ta guardian, medical agent, relative, carer or friend of the patient who has been nominated by the patient for the purpose or who has or is assuming responsibility for the care of the patient; or\n\t(c)\ta person who provides advocacy services whether on a professional or voluntary basis; or\n\t(d)\ta community visitor.\n\t(3)\tA person providing support to a patient under this section must be allowed access to the patient subject to reasonable limits imposed by the medical practitioner in charge of the patient's treatment or by the director or staff of a treatment centre in which the patient is an inpatient.\n\t(4)\tHowever, a person providing support to a patient may be allowed to be present during a medical examination or treatment of the patient or may be excluded according to the discretion of the medical practitioner performing or supervising the examination or treatment.\n\t(5)\tThis section is in addition to and does not derogate from the operation of section 4 (which entitles a parent or guardian of a child under 16 years of age to exercise rights conferred under this Act on behalf of the child).\n48—Patients' right to communicate with others outside treatment centre\n\t(1)\tA patient in a treatment centre is entitled to—\n\t(a)\tcommunicate with persons outside the centre; and\n\t(b)\treceive visitors at the centre; and\n\t(c)\tbe afforded reasonable privacy in his or her communications with others.\n\t(2)\tThe rights conferred by subsection (1) are subject to any restrictions and conditions that have been approved by the Director of the centre as being reasonably required—\n\t(a)\tfor carrying into effect any inpatient treatment order that applies to the patient; or\n\t(b)\tfor the maintenance of order and security at the centre or the prevention of harm or nuisance to others.\n\t(3)\tNo restrictions or conditions are to be applied under this section to communications by post between a patient in a treatment centre and any of the following, or to visits to a patient by any of the following:\n\t(a)\tthe Minister;\n\t(b)\tthe Tribunal;\n\t(c)\tthe Public Advocate;\n\t(d)\tthe Chief Psychiatrist;\n\t(e)\tthe Health and Community Services Complaints Commissioner within the meaning of the Health and Community Services Complaints Act 2004;\n\t(f)\ta community visitor;\n\t(g)\ta member of Parliament;\n\t(h)\ta legal practitioner (in the practitioner's professional capacity);\n\t(i)\ta person representing, or acting on behalf of, a person or body referred to in any of the preceding paragraphs;\n\t(j)\ta person of a class prescribed by the regulations.\n48A—Prohibition on use of spit hoods\n\t(1)\tA person performing a function or exercising a power under this Act must not place a spit hood on the head of a person.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tSubsection (1) applies despite any other provision of this Act or any other Act or law.\nspit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.\n49—Neglect or ill-treatment\nA person having the oversight, care or control of a patient who ill‑treats or wilfully neglects the patient is guilty of an offence.\nDivision 2—Community visitor scheme\n50—Principal Community Visitor\n\t(1)\tThere will be a position of Principal Community Visitor.\n\t(2)\tA person will be appointed to the position of Principal Community Visitor on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment.\n\t(3)\tThe Governor may remove a person from the position of Principal Community Visitor on the presentation of an address from both Houses of Parliament seeking the person's removal.\n\t(4)\tThe Governor may suspend a person from the position of Principal Community Visitor on the ground of incompetence or misbehaviour and, in that event—\n\t(a)\ta full statement of the reason for the suspension must be laid before both Houses of Parliament within 3 sitting days of the suspension; and\n\t(b)\tif, at the expiration of 1 month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the person's removal has not been presented to the Governor, the person must be restored to the position.\n\t(5)\tThe position of Principal Community Visitor becomes vacant if the person appointed to the position—\n\t(b)\tresigns by written notice given to the Minister; or\n\t(c)\tcompletes a term of appointment and is not reappointed; or\n\t(d)\tis removed from the position by the Governor under subsection (3); or\n\t(e)\tbecomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or\n\t(f)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(g)\tbecomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or\n\t(h)\tbecomes, in the opinion of the Governor, mentally or physically incapable of performing satisfactorily the functions of the position.\n\t(6)\tThe Minister may appoint a person to act in the position of Principal Community Visitor—\n\t(a)\tduring a vacancy in the position; or\n\t(b)\twhen the Principal Community Visitor is absent or unable to perform the functions of the position; or\n\t(c)\tif the Principal Community Visitor is suspended from the position under subsection (4).\n50A—Community Visitors\n\t(1)\tThe Minister may appoint Community Visitors for the purposes of this Act.\n\t(2)\tA person will be appointed to a position of Community Visitor on conditions determined by the Minister and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment.\n\t(3)\tThe Minister may, on application by the Principal Community Visitor, or on the Minister's own initiative after consultation with the Principal Community Visitor, suspend or remove a person from a position of Community Visitor for any reason the Minister thinks fit.\n\t(4)\tA position of Community Visitor, becomes vacant if the person appointed to the position—\n\t(b)\tresigns by written notice given to the Minister; or\n\t(c)\tcompletes a term of appointment and is not reappointed; or\n\t(d)\tis removed from the position by the Minister under subsection (3); or\n\t(e)\tbecomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or\n\t(f)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(g)\tbecomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or\n\t(h)\tbecomes, in the opinion of the Minister, mentally or physically incapable of performing satisfactorily the functions of the position.\n51—Community visitors' functions and powers\n\t(1)\tCommunity visitors have the following functions:\n\t(a)\tto conduct visits to and inspections of treatment centres as required or authorised under this Division;\n\t(ab)\tto conduct visits to and inspections of authorised community mental health facilities as required or authorised under this Division;\n\t(b)\tto refer matters of concern relating to the organisation or delivery of mental health services in South Australia or the care, treatment or control of patients to the Minister, the Chief Psychiatrist or any other appropriate person or body;\n\t(c)\tto act as advocates for patients to promote the proper resolution of issues relating to the care, treatment or control of patients, including issues raised by a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act;\n\t(d)\tany other functions assigned to community visitors by this Act or any other Act.\n\t(2)\tThe Principal Community Visitor has the following additional functions:\n\t(a)\tto oversee and coordinate the performance of the community visitors' functions;\n\t(b)\tto advise and assist other community visitors in the performance of their functions, including the reference of matters of concern to the Minister, the Chief Psychiatrist or any other appropriate person or body;\n\t(c)\tto report to the Minister, as directed by the Minister, about the performance of the community visitors' functions;\n\t(d)\tany other functions assigned to the Principal Community Visitor by this Act or any other Act.\n\t(3)\tA community visitor will, for the purposes of this Division—\n\t(a)\thave the authority to conduct inspections of the premises and operations of any incorporated hospital; and\n\t(ab)\thave the authority to conduct inspections of the premises and operations of any incorporated health service; and\n\t(b)\tbe taken to be an inspector under Part 10 of the Health Care Act 2008.\n51A—Delegation by Principal Community Visitor\n\t(1)\tThe Principal Community Visitor may delegate a power or function of the Principal Community Visitor under this Act to—\n\t(a)\tanother community visitor; or\n\t(b)\ta particular person or body; or\n\t(c)\tthe person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA delegation under this section—\n\t(b)\tdoes not derogate from the power of the Principal Community Visitor to act in a matter; and\n\t(c)\tis revocable at will by the Principal Community Visitor.\n52—Visits to and inspections of treatment centres\n\t(1)\tSubject to this Division, each treatment centre—\n\t(a)\tmust, in accordance with any requirements prescribed by the regulations, be visited and inspected at least once in every 2 month period; and\n\t(b)\tmay be visited at any time.\n\t(3)\tOn a visit to a treatment centre under this section, a community visitor must—\n\t(a)\tso far as practicable, inspect all parts of the centre used for or relevant to the care, treatment or control of patients; and\n\t(b)\tso far as practicable, make any necessary inquiries about the care, treatment and control of each inpatient; and\n\t(c)\ttake any other action required under the regulations.\n\t(4)\tAfter any visit to a treatment centre, the community visitor must (unless the community visitor is the Principal Community Visitor) report to the Principal Community Visitor about the visit in accordance with the requirements of the Principal Community Visitor.\n\t(5)\tA visit may be made with or without previous notice and at any time of the day or night, and be of such length, as the community visitor thinks appropriate.\n\t(6)\tA visit may be made at the request of a patient or a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act.\n52A—Visits to and inspection of authorised community mental health facilities\n\t(1)\tSubject to this Division, an authorised community mental health facility—\n\t(a)\tmust, in accordance with any requirements prescribed by the regulations, be visited and inspected—\n\t(i)\tin the case of a residential authorised community mental health facility—at least once in every 4 month period (unless the regulations provide otherwise); or\n\t(ii)\tin the case of an outpatient authorised community mental health facility—at least once in every 6 month period; and\n\t(b)\tmay be visited at any time.\n\t(3)\tOn a visit to an authorised community mental health facility, a community visitor must—\n\t(a)\tso far as practicable, inspect all parts of the facility used for or relevant to the care, treatment or control of patients; and\n\t(b)\ttake any other action required under the regulations.\n\t(4)\tAfter any visit to an authorised community mental health facility, the community visitor must (unless the community visitor is the Principal Community Visitor) report to the Principal Community Visitor about the visit in accordance with the requirements of the Principal Community Visitor.\n\t(5)\tA visit may be made with or without previous notice and at any time of the day or night, and be of such length, as the community visitor thinks appropriate.\n\t(6)\tA visit may be made at the request of a patient or a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act.\n\t(7)\tIn this section—\noutpatient authorised community mental health facility means an authorised community mental health facility at which outpatient treatment is provided;\nresidential authorised community mental health facility means an authorised community mental health facility at which mental health services are provided on a residential basis (whether or not outpatient treatment is also provided at the facility).\n52B—Visits and inspections by audiovisual or other electronic means\n\t(1)\tThis section applies to a visit and inspection of a treatment centre, authorised community mental health facility or other premises by a community visitor that is required or authorised under this or any other Act if—\n\t(a)\tin the opinion of the Principal Community Visitor, it is not reasonably practical for a community visitor to physically visit or enter the relevant premises; or\n\t(b)\tthe visit or inspection occurs in any other circumstances prescribed by the regulations.\n\t(2)\tWithout limiting the generality of subsection (1), the reasons that a physical visit or inspection may not be reasonably practical include—\n\t(a)\ta lack of availability of community visitors to conduct a physical visit or inspection; or\n\t(b)\tthe remoteness of the relevant premises; or\n\t(c)\tthe need to prevent the spread of contagious diseases.\n\t(3)\tThe following provisions apply in relation to a visit or inspection to which this section applies:\n\t(a)\tthe visit or inspection may be conducted by means of audiovisual or other electronic means;\n\t(b)\tdespite a provision of this or any other Act requiring the visit or inspection to be conducted by more than 1 community visitor, the visit or inspection may be conducted by a single community visitor;\n\t(c)\ta reference in this or any other Act that contemplates a community visitor being physically on the relevant premises is to be construed accordingly.\n\t(4)\tSubject to this Act, a community visitor may, in relation to a visit or inspection to which this section applies, give such directions as the community visitor considers reasonably necessary to enable the visit or inspection to occur by audiovisual or other electronic means, including—\n\t(a)\tdirections requiring a person, or person of a class—\n\t(i)\tto take reasonable steps to facilitate the visit or inspection; and\n\t(ii)\tto make equipment of a specified kind available for use in the course of the visit or inspection; and\n\t(iii)\tto grant access to such parts of the premises as may reasonably be accessed using the relevant audiovisual or other means; or\n\t(b)\tdirections requiring a person, or person of a class, to provide the community visitor with access to a specified patient or resident of the premises, or patients or residents of a specified class, and for an appropriate area within the premises to be made available to enable confidential communication with the community visitor by the relevant audiovisual or other means.\n\t(5)\tA person must not, without reasonable excuse, refuse or fail to comply with a direction under subsection (4).\nMaximum penalty: $5 000.\n\t(6)\tA community visitor must ensure that the following information is reported on a publicly accessible website and updated on at least a quarterly basis:\n\t(a)\tthe number of visits or inspections by the community visitor that have occurred by audiovisual or other electronic means in accordance with this section;\n\t(b)\texcept where the Principal Community Visitor or Chief Psychiatrist (as the case requires) is of the opinion that it would be inappropriate to identify the premises or the address of the premises—the name and address of any premises subject to such a visit or inspection;\n\t(c)\tthe date on which each such visit or inspection occurred;\n\t(d)\tthe reasons why each such visit or inspection was a visit or inspection to which this section applies.\n\t(7)\tA report under subsection (6) must be made by—\n\t(a)\tin the case where the community visitor is the Chief Psychiatrist—the Chief Psychiatrist; or\n\t(b)\tin any other case—the Principal Community Visitor.\n\t(8)\tTo avoid doubt, nothing in this section limits a power or function that may be exercised or performed by a community visitor in relation to a visit or inspection.\n\t(9)\tFor the purposes of this section, the Chief Psychiatrist will be taken to be a community visitor.\n53—Requests to see community visitors\n\t(1)\tA patient or a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act may make a request to see a community visitor.\n\t(2)\tIf such a request is made to the director of a treatment centre in which the patient is an inpatient, the director must advise a community visitor of the request within 2 days after receipt of the request.\n54—Reports by Principal Community Visitor\n\t(1)\tThe Principal Community Visitor must, on or before 30 September in every year, forward a report to the Minister on the performance of the community visitors' functions during the financial year ending on the preceding 30 June.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report under subsection (1), have copies of the report laid before both Houses of Parliament.\n\t(3)\tThe Principal Community Visitor may, at any time, prepare a special report to the Minister on any matter arising out of the performance of the community visitors' functions.\n\t(4)\tSubject to subsection (5), the Minister must, within 2 weeks after receiving a special report, have copies of the report laid before both Houses of Parliament.\n\t(5)\tIf the Minister cannot comply with subsection (4) because Parliament is not sitting, the Minister must deliver copies of the report to the President and the Speaker and the President and the Speaker must then—\n\t(a)\timmediately cause the report to be published; and\n\t(b)\tlay the report before their respective Houses at the earliest opportunity.\n\t(6)\tA report will, when published under subsection (5)(a), be taken for the purposes of any other Act or law to be a report of the Parliament published under the authority of the Legislative Council and the House of Assembly.\n","sortOrder":12},{"sectionNumber":"Part 9","sectionType":"part","heading":"Powers relating to persons who have or appear to have mental illness","content":"Part 9—Powers relating to persons who have or appear to have mental illness\n54A—Issuing of patient assistance requests\n\t(1)\tIf a community treatment order applies to a patient and the patient has not complied with the requirements of the order, a medical practitioner or mental health clinician may issue a patient assistance request for the purpose of treating the patient in accordance with the order at the place where the person is located.\n\t(2)\tA patient assistance request must be—\n\t(a)\tdirected to authorised officers and police officers generally; and\n\t(b)\tin writing in the form approved by the Chief Psychiatrist.\n\t(3)\tA person in respect of whom a patient assistance request has been issued who is treated under the care and control of an authorised officer or police officer under this Part must, as soon as practicable, be given a copy of—\n\t(a)\tthe patient assistance request; and\n55—Issuing of patient transport requests\n\t(1)\tA patient transport request may be issued in respect of a patient as follows:\n\t(a)\tif a community treatment order applies to the patient and the patient has not complied with the requirements of the order, a medical practitioner or mental health clinician may issue the request for the purpose of the patient's transport for treatment in accordance with the order;\n\t(b)\tif a medical practitioner or authorised mental health professional has made a level 1 inpatient treatment order in respect of the patient at a place other than a treatment centre, the medical practitioner or authorised mental health professional may issue the request for the purpose of the patient's transport to a treatment centre;\n\t(c)\tif the patient is absent without leave, the director of a treatment centre, a medical practitioner or mental health clinician may issue the request for the purpose of the patient's transport to a treatment centre;\n\t(d)\tif an inpatient treatment order applies to the patient and the director of a treatment centre has given a direction for the transfer of the patient under Part 5 Division 5 to another treatment centre or hospital, the director may issue the request for the purpose of the patient's transport to the other treatment centre or hospital.\n\t(2)\tA patient transport request must be—\n\t(a)\tdirected to authorised officers and police officers generally; and\n\t(b)\tin writing in the form approved by the Chief Psychiatrist.\n\t(3)\tA person in respect of whom a patient transport request has been issued who is taken into the care and control of an authorised officer or police officer under this Part must, as soon as practicable, be given a copy of—\n\t(a)\tthe patient transport request; and\n56—Powers of authorised officers relating to persons who have or appear to have mental illness\n\t(1)\tThis section applies to a person if—\n\t(a)\tan authorised officer believes on reasonable grounds that the person is a patient in respect of whom—\n\t(i)\ta patient assistance request has been issued under section 54A(1); or\n\t(ii)\ta patient transport request has been issued under section 55(1); or\n\t(b)\tan authorised officer believes on reasonable grounds that the person is a patient who is absent without leave; or\n\t(c)\tit appears to an authorised officer that—\n\t(i)\tthe person has a mental illness; and\n\t(ii)\tthe person has caused, or there is a significant risk of the person causing, harm to himself or herself or others or property or the person otherwise requires medical examination.\n\t(2)\tAn authorised officer may form an opinion about a person under subsection (1)(c) based on the officer's observations of the person's behaviour or appearance or reports about the person's behaviour, appearance or history (which may include reports about matters occurring outside the State).\n\t(3)\tAn authorised officer may, subject to this section, exercise the following powers in relation to a person to whom this section applies:\n\t(a)\tthe authorised officer may take the person into his or her care and control;\n\t(b)\tthe authorised officer may transport the person from place to place;\n\t(c)\tthe authorised officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances;\n\t(d)\tthe authorised officer may restrain the person by means of the administration of a drug when that is reasonably required in the circumstances;\n\t(e)\tthe authorised officer may enter and remain in a place where the authorised officer reasonably suspects the person may be found;\n\t(f)\tthe authorised officer may search the person's clothing or possessions and take possession of anything in the person's possession that the person may use to cause harm to himself or herself or others or property.\n\t(4)\tAn authorised officer who takes the person into his or her care and control must, as soon as practicable—\n\t(aa)\tin the case of a person referred to in subsection (1)(a)(i)—provide such assistance as reasonably required for the purpose of enabling or facilitating the treatment of the person at the place where the person is located; or\n\t(a)\tin the case of a person referred to in subsection (1)(a)(ii)—transport the person, or arrange for the person to be transported by some other authorised officer or by a police officer, in accordance with the patient transport request; or\n\t(b)\tin the case of a person referred to in subsection (1)(b)—transport the person, or arrange for the person to be transported by some other authorised officer or by a police officer, to a treatment centre; or\n\t(c)\tin the case of a person referred to in subsection (1)(c)—\n\t(i)\ttransport the person, or arrange for the person to be transported by some other authorised officer or by a police officer, to a treatment centre or other place for medical examination; and\n\t(ii)\tgive the person a copy of a written statement in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(A)\tinforming the patient of his or her legal rights; and\n\t(B)\tcontaining any other information prescribed by the regulations.\n\t(5)\tThe powers conferred by this section continue to be exercisable as reasonably required for the purpose of enabling or facilitating the medical examination or treatment of the person.\n\t(6)\tAn authorised officer may not administer a drug to restrain a person under this section unless the officer is authorised to do so under the Controlled Substances Act 1984.\n\t(7)\tA search of a person must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the person any humiliation or offence.\n\t(8)\tAnything taken into the possession of an authorised officer under this section may be held for as long as is necessary for reasons of safety, but must otherwise be returned to the person from whom it was taken or dealt with according to law.\n57—Powers of police officers relating to persons who have or appear to have mental illness\n\t(1)\tThis section applies to a person if—\n\t(a)\ta police officer believes on reasonable grounds that the person is a patient in respect of whom—\n\t(i)\ta patient assistance request has been issued under section 54A(1); or\n\t(ii)\ta patient transport request has been issued under section 55(1); or\n\t(b)\ta police officer believes on reasonable grounds that the person is a patient who is absent without leave; or\n\t(c)\tit appears to a police officer that—\n\t(i)\tthe person has a mental illness; and\n\t(ii)\tthe person has caused, or there is a significant risk of the person causing, harm to himself or herself or others or property; and\n\t(iii)\tthe person requires medical examination.\n\t(2)\tThis section does not apply to a patient in respect of whom a patient transport request has been issued by the director of a treatment centre under section 55(1)(d) unless the person has subsequently become a patient who is absent without leave.\n\t(3)\tA police officer is not required to exercise any medical expertise in order to form an opinion about a person under subsection (1)(c) and may form such an opinion based on the officer's observations of the person's behaviour or appearance or reports about the person's behaviour, appearance or history (which may include reports about matters occurring outside the State).\n\t(4)\tA police officer may, subject to this section, exercise the following powers in relation to a person to whom this section applies:\n\t(a)\tthe police officer may take the person into his or her care and control;\n\t(b)\tthe police officer may transport the person from place to place;\n\t(c)\tthe police officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances;\n\t(d)\tthe police officer may enter and remain in a place where the officer reasonably suspects the person may be found;\n\t(e)\tthe police officer may use reasonable force to break into a place when that is reasonably required in order to take the person into his or her care and control;\n\t(f)\tthe police officer may search the person's clothing or possessions and take possession of anything in the person's possession that the person may use to cause harm to himself or herself or others or property.\n\t(5)\tA police officer who takes the person into his or her care and control must, as soon as practicable—\n\t(aa)\tin the case of a person referred to in subsection (1)(a)(i)—provide such assistance as reasonably required for the purpose of enabling or facilitating the treatment of the person at the place where the person is located; or\n\t(a)\tin the case of a person referred to in subsection (1)(a)(ii)—transport the person, or arrange for the person to be transported by some other police officer or by an authorised officer, in accordance with the patient transport request; or\n\t(b)\tin the case of a person referred to in subsection (1)(b)—transport the person, or arrange for the person to be transported by some other police officer or by an authorised officer, to a treatment centre; or\n\t(c)\tin the case of a person referred to in subsection (1)(c)—transport the person, or arrange for the person to be transported by some other police officer or by an authorised officer, to a treatment centre or other place for medical examination.\n\t(6)\tThe powers conferred by this section continue to be exercisable as reasonably required for the purpose of enabling or facilitating the medical examination or treatment of the person.\n\t(7)\tA search of a person must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the person any humiliation or offence.\n\t(8)\tAnything taken into the possession of a police officer under this section may be held for as long as is necessary for reasons of safety, but must otherwise be returned to the person from whom it was taken or dealt with according to law.\n\t(9)\tIf a police officer has arrested a person for an offence or apprehended a person under some other law, the person may, despite any other law, be released from police custody for the purpose of medical examination or treatment under this Act.\n\t(10)\tIf a person who has been arrested for an offence is released from police custody for the purpose of medical examination or treatment under this Act—\n\t(a)\tthe Commissioner of Police must be notified in accordance with the regulations of the action taken under this Act in relation to the person; and\n\t(b)\tthe person must, at the request of the Commissioner of Police, be held and returned to police custody in the event that an inpatient treatment order is not made in respect of the person or ceases to apply to the person.\n58—Officers may assist each other\nAuthorised officers and police officers may assist each other in the exercise of powers under this Act.\n58A—Officers to keep records about exercise of powers under Act\n\t(1)\tAuthorised officers must keep records relating to the exercise of powers under this Act in a manner and form approved by the Chief Psychiatrist.\n\t(2)\tPolice officers must keep such records relating to the exercise of powers under this Act as may be required by the Commissioner of Police.\n59—Roles of various officers\n\t(1)\tThe Minister may approve a memorandum of understanding between relevant agencies relating to the respective roles of authorised officers (including different classes of authorised officers) and police officers in—\n\t(a)\tthe exercise of powers relating to persons who have or appear to have mental illness; and\n\t(b)\tthe provision of other assistance to enable or facilitate the medical examination or treatment of such persons.\n\t(2)\tThe Minister may only approve a memorandum of understanding with the agreement of the Minister responsible for the administration of the Police Act 1998.\n\t(3)\tAuthorised officers, police officers and other persons engaged in the administration of this Act should endeavour to comply with the provisions of a memorandum of understanding approved under this section.\n\t(4)\tNothing in this section is to affect the lawfulness of any action taken by an authorised officer or police officer in the exercise of powers under this Act.\n60—Offence to hinder etc officer\nA person who hinders or obstructs an authorised officer or police officer in the exercise of powers under this Act is guilty of an offence.\n","sortOrder":13},{"sectionNumber":"Part 10","sectionType":"part","heading":"Arrangements between South Australia and other jurisdictions","content":"Part 10—Arrangements between South Australia and other jurisdictions\nDivision 1—Preliminary\n61—Interpretation\nIn this Part—\nanother jurisdiction means a State (other than South Australia) or a Territory of the Commonwealth;\ncorresponding law means a law of another jurisdiction—\n\t(a)\tthat—\n\t(i)\tmakes provision for the treatment and care of persons with mental illness; and\n\t(ii)\tcorresponds (or substantially corresponds) to this Act; or\n\t(b)\tthat is declared by the regulations to be a corresponding law for the purposes of this definition;\ninterstate authorised officer means a person on whom power is conferred under a corresponding law to take a person who has a mental illness into his or her care and control;\ninterstate community treatment order means an order made under a corresponding law for the purpose of bringing about the treatment of a person who has a mental illness without a requirement for the person's treatment as an interstate inpatient;\ninterstate inpatient means a person admitted as a patient in an interstate treatment centre;\ninterstate inpatient treatment order means an order made under a corresponding law for the purpose of bringing about the treatment as an interstate inpatient of a person who has a mental illness;\ninterstate officer means a person on whom any power is conferred under a corresponding law;\ninterstate patient absent without leave means a person to whom an interstate inpatient treatment order applies who is absent from an interstate treatment centre in which he or she was an interstate inpatient, or is otherwise absent without leave, without lawful authority under the relevant corresponding law;\ninterstate treatment centre means a hospital or other facility in which a person may be admitted under an interstate inpatient treatment order, or a place at which a person to whom an interstate community treatment order applies may be required to be treated under the order;\nMinisterial agreement means an agreement made under section 62 or an agreement declared under that section to have effect as a Ministerial agreement for the purposes of this Part;\nSouth Australian authorised officer means an authorised officer under this Act or a member of South Australia Police under the Police Act 1998;\nSouth Australian community treatment order means a community treatment order under Part 4;\nSouth Australian inpatient treatment order means an inpatient treatment order under Part 5;\nSouth Australian officer means a person on whom any power is conferred under this Act;\nSouth Australian treatment centre means a treatment centre under Part 12.\n62—Ministerial agreements\n\t(1)\tThe Minister may make an agreement with a Minister responsible for administering a corresponding law about any matter in connection with the administration of this Part or a corresponding law.\n\t(2)\tThe Minister may, by notice in the Gazette, declare that a specified agreement made by a Minister before the commencement of this section will have effect as a Ministerial agreement for the purposes of this Part.\n63—Requests or approvals relating to actions involving other jurisdictions\n\t(1)\tIf a provision of this Part provides that this subsection applies to the taking of specified action, the action may only be taken if—\n\t(a)\tsuch action is contemplated by, or not disallowed under, a Ministerial agreement with a Minister of the other State or the Territory that would be affected by the action; and\n\t(b)\tthe action has been requested or approved by an interstate officer under the corresponding law of the State or Territory or the Ministerial agreement; and\n\t(c)\tthe action is in the best interests of the patient or person in respect of whom the action is to be taken.\n\t(2)\tThe Chief Psychiatrist may request or approve action by an interstate officer under the corresponding law of another State or a Territory that would affect South Australia if—\n\t(a)\tthere is a Ministerial agreement with a Minister of the State or Territory that contemplates, or does not disallow, such action; and\n\t(b)\tthe action may be taken under the corresponding law or the Ministerial agreement at the request or with the approval of a South Australian officer; and\n\t(c)\tthe action is in the best interests of the patient or person in respect of whom the action is to be taken.\n64—Powers of South Australian officers\nSubject to this Act, a South Australian officer may exercise any power conferred on the officer under this Act, a corresponding law or a Ministerial agreement.\n65—Regulations may modify operation of Part\nThe regulations may modify the operation of this Part for a purpose related to its interaction with the law of another State or a Territory of the Commonwealth relating to mental health.\nDivision 2—Community treatment orders\n66—South Australian community treatment orders and treatment in other jurisdictions\n\t(1)\tA South Australian community treatment order may be made or varied so that the order requires the person to whom the order applies to submit to treatment of the person's mental illness at an interstate treatment centre.\n\t(2)\tIf a South Australian community treatment order requires treatment of a person's mental illness at an interstate treatment centre and the person fails to comply with the requirements of the order, the Chief Psychiatrist may issue a patient transport request in respect of the person for the purpose of the person's transport to the interstate treatment centre.\n\t(3)\tSubject to subsection (5), if an interstate authorised officer believes on reasonable grounds that a person in the officer's jurisdiction is a patient to whom a South Australian community treatment order applies (other than an order referred to in subsection (1)), 1 or more of the following powers may be exercised in relation to the person:\n\t(a)\tthe person may be taken into the care and control of the officer;\n\t(b)\tthe person may be delivered by an interstate officer into the care and control of a South Australian authorised officer for the purpose of the person's transport to a South Australian authorised community mental health facility, the person's usual place of residence or some other place specified in the order;\n\t(c)\tthe person may be taken to an interstate treatment centre by an interstate officer and treated as an involuntary community patient there;\n\t(d)\tthe person may be given treatment for his or her mental illness in the interstate treatment centre, without any requirement for the person's consent, based on the requirements of the South Australian community treatment order or as authorised by a medical practitioner who has examined the patient.\n\t(4)\tSection 63(1) applies to the taking of action under subsection (1), (2) or (3).\n\t(5)\tThe powers under subsection (3) may only be exercised for a period not exceeding 42 days pending the making of an interstate community treatment order or the expiry of the South Australian community treatment order (whichever occurs first).\n\t(6)\tIf a South Australian authorised officer or an interstate authorised officer believes on reasonable grounds that a person is the patient in respect of whom a patient transport request has been issued under subsection (2), the officer may, for the purpose of the person's transport to an interstate treatment centre—\n\t(b)\tif the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,\n67—Powers of interstate officers\n\t(1)\tAn interstate officer who is authorised to exercise powers under a corresponding law in connection with an interstate community treatment order may exercise those powers in South Australia in connection with the order.\n\t(2)\tDespite subsection (1), a power of forcible entry may only be exercised in South Australia in connection with an interstate community treatment order if the interstate officer is a police officer (however described) in the jurisdiction in respect of which the corresponding law is law.\n68—Interstate community treatment orders and treatment in South Australia\n\t(1)\tIf an interstate community treatment order is made or varied so that the order requires the person to whom the order applies to submit to treatment of the person's mental illness in South Australia, this Act applies as if—\n\t(a)\ta community treatment order were in force under this Act in respect of the person requiring the person to submit to treatment of the person's mental illness in South Australia in accordance with the terms of the interstate community treatment order; and\n\t(b)\tthe community treatment order were to operate, despite the other provisions of this Act, for the period of operation of the interstate community treatment order.\n\t(2)\tIf a South Australian authorised officer believes on reasonable grounds that a person in South Australia is a patient to whom an interstate community treatment order applies (other than an order referred to in subsection (1)), 1 or more of the following powers may be exercised in relation to the person:\n\t(a)\tthe person may be taken into the care and control of a South Australian authorised officer;\n\t(b)\tthe person may be delivered by a South Australian authorised officer into the care and control of an interstate authorised officer (whether in or outside South Australia) for the purpose of the person's transport to an interstate treatment centre, the person's usual place of residence or some other place specified in the order;\n\t(c)\tthe person may be taken to a South Australian authorised community mental health facility by a South Australian authorised officer and treated as an involuntary community inpatient there;\n\t(d)\tthe person may be given treatment for his or her mental illness in South Australia, without any requirement for the person's consent, based on the requirements of the interstate community treatment order or as authorised by a medical practitioner who has examined the patient.\n\t(3)\tSection 63(1) applies to the taking of action under subsection (2)(b).\n\t(4)\tThe powers under subsection (2) may only be exercised for a period not exceeding 42 days pending the making of a South Australian community treatment order under section 69 or the expiry of the interstate community treatment order (whichever occurs first).\n\t(5)\tThe Chief Psychiatrist must, as soon as practicable, be advised by notice in the form approved by the Chief Psychiatrist of a person to whom an interstate community treatment order applies who is being treated in South Australia for the person's mental illness under subsection (1) or (2).\n\t(6)\tThe Chief Psychiatrist must ensure that, as soon as practicable after being so advised—\n\t(a)\tthe person is given a copy of a written statement in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(i)\tinforming the person of his or her legal rights; and\n\t(ii)\tcontaining any other information prescribed by the regulations; and\n\t(b)\tsubject to subsection (7)—a guardian, medical agent, relative, carer or friend of the person is notified that the person is being treated for the person's mental illness in South Australia under this section.\n\t(7)\tThe following provisions apply for the purposes of subsection (6)(b):\n\t(i)\ta guardian, medical agent, relative, carer or friend of the person nominated by the person for the purpose; or\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the person who appears to have or be assuming responsibility for the care of the person; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the person whom it is practicable and appropriate to notify;\n\t(b)\tthe Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Psychiatrist;\n\t(c)\tit is not appropriate for the Chief Psychiatrist to notify a particular person if the Chief Psychiatrist has reason to believe that it would be contrary to the person to whom the order applies best interests to do so.\n\t(8)\tA South Australian authorised officer or an interstate authorised officer may, for the purpose of transporting the person to a South Australian treatment centre or interstate treatment centre, or enabling or facilitating medical treatment of the person—\n\t(b)\tif the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,\n69—Making of South Australian community treatment orders when interstate orders apply\n\t(1)\tIf an interstate community treatment order applies to a person who is now in South Australia, the Chief Psychiatrist may, without medical examination of the person, make an order for the treatment of the person's mental illness in South Australia containing requirements based on the requirements of the interstate community treatment order. \n\t(2)\tThe Chief Psychiatrist may make the order whether or not the person resides in South Australia.\n\t(2a)\tThe Chief Psychiatrist must ensure that, as soon as practicable after making the order—\n\t(a)\tthe person is given a copy of—\n\t(i)\tthe order; and\n\t(ii)\ta written statement in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(A)\tinforming the person of his or her legal rights; and\n\t(B)\tcontaining any other information prescribed by the regulations; and\n\t(b)\tsubject to subsection (2b)—a guardian, medical agent, relative, carer or friend of the person is notified of the making of the order and the requirements of the order.\n\t(i)\ta guardian, medical agent, relative, carer or friend of the person nominated by the person for the purpose; or\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the person who appears to have or be assuming responsibility for the care of the person; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the person whom it is practicable and appropriate to notify;\n\t(b)\tthe Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Psychiatrist;\n\t(c)\tit is not appropriate for the Chief Psychiatrist to notify a particular person if the Chief Psychiatrist has reason to believe that it would be contrary to the person to whom the order applies best interests to do so.\n\t(3)\tIf an order is made under subsection (1), this Act applies as if the order were a level 1 community treatment order made by a psychiatrist or authorised medical practitioner under Part 4 Division 1.\nDivision 3—Transfer to or from South Australian treatment centres\n70—Transfer from South Australian treatment centres\n\t(1)\tThe Chief Psychiatrist may give a direction for the transfer to an interstate treatment centre of an involuntary inpatient or a patient absent without leave from a South Australian treatment centre.\n\t(2)\tSection 63(1) applies to the giving of a direction under this section.\n\t(3)\tA direction under this section must be given by writing in the form approved by the Chief Psychiatrist.\n\t(4)\tThe Chief Psychiatrist must—\n\t(a)\tsubject to subsection (5), notify a guardian, medical agent, relative, carer or friend of the patient of the transfer of the patient to the interstate treatment centre; and\n\t(b)\tif the patient is an involuntary inpatient in the South Australian treatment centre under a level 3 inpatient treatment order—notify the Tribunal of the transfer.\n\t(5)\tThe following provisions apply for the purposes of subsection (4)(a):\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient whom it is practicable and appropriate to notify;\n\t(b)\tthe Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Psychiatrist;\n\t(c)\tit is not appropriate for the Chief Psychiatrist to notify a particular person if the Chief Psychiatrist has reason to believe that it would be contrary to the patient's best interests to do so.\n\t(6)\tSubject to subsection (7), a patient must not be transferred to an interstate treatment centre pursuant to a direction under this section until the period allowed for appeal against the direction has expired or, if an appeal has been instituted, until the appeal is finally determined or lapses.\n\t(7)\tSubsection (6) does not apply if written consent to the transfer has been given—\n\t(a)\tif the patient has attained 16 years of age and is capable of making decisions on his or her own behalf—by the patient; or\n\t(b)\tin any other case—by a person referred to in subsection (5)(a).\n71—Transfer to South Australian treatment centres\n\t(1)\tThe Chief Psychiatrist may approve the transfer of a person to whom an interstate inpatient treatment order applies (including an interstate patient absent without leave) to a South Australian treatment centre.\n\t(2)\tAn approval under this section must be given by writing in the form approved by the Chief Psychiatrist.\n\t(2a)\tThe Chief Psychiatrist must ensure that, as soon as practicable after the patient is admitted to the South Australian treatment centre—\n\t(a)\tthe patient is given a copy of—\n\t(i)\tthe order; and\n\t(ii)\ta written statement in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(A)\tinforming the patient of his or her legal rights; and\n\t(B)\tcontaining any other information prescribed by the regulations; and\n\t(b)\tsubject to subsection (2b)—a guardian, medical agent, relative, carer or friend of the patient is notified of the patient's admission.\n\t(i)\ta guardian, medical agent, relative, carer or friend of the person nominated by the patient for the purpose; or\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient whom it is practicable and appropriate to notify;\n\t(b)\tthe Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Psychiatrist;\n\t(c)\tit is not appropriate for the Chief Psychiatrist to notify a particular person if the Chief Psychiatrist has reason to believe that it would be contrary to the patient's best interests to do so.\n\t(3)\tIf an approval is given under this section for the transfer of a person to a South Australian treatment centre, this Act applies as if a level 1 inpatient treatment order had been made under this Act in respect of the person at the time of admission of the person to the South Australian treatment centre.\n72—Patient transport requests\n\t(1)\tIf the Chief Psychiatrist has given a direction for the transfer of a person to an interstate treatment centre under this Division, the Chief Psychiatrist may issue a patient transport request for the purpose of the person's transport to the interstate treatment centre.\n\t(2)\tIf the Chief Psychiatrist has approved the transfer of a person to a South Australian treatment centre under this Division, the Chief Psychiatrist may issue a patient transport request for the purpose of the person's transport to the centre.\n\t(3)\tA patient transport request must be in writing in the form approved by the Chief Psychiatrist.\n73—Powers when patient transport request issued\nIf a South Australian authorised officer or an interstate authorised officer believes on reasonable grounds that a person is the person in respect of whom a patient transport request has been issued under this Division, the officer may, for the purpose of the person's transport to an interstate treatment centre or South Australian treatment centre (as the case requires)—\n\t(b)\tif the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,\nDivision 4—Transport to other jurisdictions\n74—Transport to other jurisdictions when South Australian inpatient treatment orders apply\n\t(1)\tIf a South Australian inpatient treatment order has been made in respect of a person, the person making the order or a South Australian authorised officer may, with the approval of the Chief Psychiatrist, instead of transporting the person to a South Australian treatment centre for admission to that centre—\n\t(a)\ttransport the person to an interstate treatment centre; or\n\t(b)\tdeliver the person into the care and control of an interstate authorised officer (whether in or outside South Australia) for the purpose of the person's transport to an interstate treatment centre.\n\t(2)\tSection 63(1) applies to the taking of action under subsection (1).\n\t(3)\tA South Australian authorised officer or an interstate authorised officer may, for the purpose of the person's transport to an interstate treatment centre—\n\t(b)\tif the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,\n75—Transport to other jurisdictions of persons with apparent mental illness\n\t(1)\tThis section applies if a South Australian authorised officer has taken into his or her care and control a person who appears to have a mental illness and to require medical examination.\n\t(2)\tThe South Australian authorised officer may, with the approval of the Chief Psychiatrist, instead of transporting the person to a South Australian treatment centre or other place in South Australia for medical examination—\n\t(a)\ttransport the person to an interstate treatment centre or an interstate medical practitioner or interstate authorised mental health professional; or\n\t(b)\tdeliver the person into the care and control of an interstate authorised officer (whether in or outside South Australia) for the purpose of the person's transport to an interstate treatment centre or an interstate medical practitioner or interstate authorised mental health professional.\n\t(3)\tSection 63(1) applies to the taking of action under subsection (2).\n\t(4)\tA South Australian authorised officer or an interstate authorised officer may, for the purpose of the person's transport to an interstate treatment centre, or to an interstate medical practitioner or interstate authorised mental health professional—\n\t(b)\tif the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,\n\t(5)\tIn this section—\ninterstate authorised mental health professional means a person, other than a medical practitioner, on whom power is conferred under a corresponding law to make an interstate inpatient treatment order in respect of a person who has a mental illness.\n76—Transport to other jurisdictions when interstate inpatient treatment orders apply\n\t(1)\tIf a South Australian authorised officer believes on reasonable grounds that a person in South Australia is an interstate patient absent without leave, 1 or more of the following powers may be exercised in relation to the person:\n\t(a)\tthe person may be taken into the care and control of a South Australian authorised officer;\n\t(b)\tthe person may be transported to an interstate treatment centre by a South Australian authorised officer;\n\t(c)\tthe person may be delivered by a South Australian authorised officer into the care and control of an interstate authorised officer (whether in or outside South Australia) for the purpose of the person's transport to an interstate treatment centre;\n\t(d)\tthe person may, with the approval of the Chief Psychiatrist, be taken to a South Australian treatment centre by a South Australian authorised officer and treated as an involuntary inpatient there pending the person's transport to an interstate treatment centre;\n\t(e)\tthe person may, with the approval of the Chief Psychiatrist, be given treatment for his or her mental illness or any other illness in South Australia, without any requirement for the person's consent, as authorised by a medical practitioner who has examined the patient.\n\t(2)\tSection 63(1) applies to the taking of action under subsection (1)(b) or (c).\n\t(2a)\tAs soon as practicable after the person is taken to a South Australian treatment centre under subsection (1)(d), or given treatment under subsection (1)(e), the director of the centre or the medical practitioner (as the case may be) must ensure that—\n\t(a)\tthe patient is given a copy of a written statement in the form approved by the Chief Psychiatrist (a statement of rights)—\n\t(ii)\tcontaining any other information prescribed by the regulations; and\n\t(b)\tsubject to subsection (2b)—a guardian, medical agent, relative, carer or friend of the patient is notified of the person's admission.\n\t(i)\ta guardian, medical agent, relative, carer or friend of the patient nominated by the person for the purpose; or\n\t(ii)\tif that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the person; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the person whom it is practicable and appropriate to notify;\n\t(b)\tthe director or medical practitioner is not required to notify a person whose whereabouts are not known to or readily ascertainable by the director or medical practitioner (as the case requires);\n\t(c)\tit is not appropriate for the director or medical practitioner to notify a particular person if the director or medical practitioner (as the case requires) has reason to believe that it would be contrary to the patient's best interests to do so.\n\t(3)\tSubsection (1)(e) does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.\n\t(4)\tIf an interstate authorised officer believes on reasonable grounds that a person in South Australia is an interstate patient absent without leave, the officer may transport the person to an interstate treatment centre.\n\t(5)\tA South Australian authorised officer or an interstate authorised officer may, for the purpose of transporting the person to a South Australian treatment centre or interstate treatment centre, or enabling or facilitating medical treatment of the person—\n\t(b)\tif the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,\n\t(6)\tThis section does not prevent action being taken under Division 3 for the transport of the person to a South Australian treatment centre if the Chief Psychiatrist has given an approval under that Division for the transfer of the person to the South Australian treatment centre.\nDivision 5—Transport to South Australia\n77—Transport to South Australia when South Australian inpatient treatment orders apply\n\t(1)\tIf a South Australian authorised officer believes on reasonable grounds that a person in the care and control of an interstate officer outside South Australia is a South Australian patient absent without leave, the officer may transport the person to a South Australian treatment centre.\n\t(2)\tSection 63(1) applies to the taking of action under subsection (1).\n\t(3)\tIf an interstate authorised officer believes on reasonable grounds that a person in the care and control of an interstate officer outside South Australia is a South Australian patient absent without leave, the officer may—\n\t(a)\ttransport the person to a South Australian treatment centre; or\n\t(b)\tdeliver the person into the care and control of a South Australian authorised officer for the purpose of the person's transport to a South Australian treatment centre.\n\t(4)\tA South Australian authorised officer or an interstate authorised officer may, for the purpose of the person's transport to a South Australian treatment centre—\n\t(b)\tif the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,\n\t(5)\tThis section does not prevent action being taken under Division 3 for the transport of the person to an interstate treatment centre if the Chief Psychiatrist has given a direction under that Division for the transfer of the person to the interstate treatment centre.\n78—Transport to South Australia of persons with apparent mental illness\n\t(1)\tThis section applies if—\n\t(a)\ta person has been taken into the care and control of an interstate officer under a corresponding law because of the person's apparent mental illness; and\n\t(b)\tinstead of action being taken for medical examination of the person under the corresponding law, the person is to be—\n\t(i)\ttransported to a South Australian treatment centre or other place in South Australia for medical examination; or\n\t(ii)\tdelivered into the care and control of a South Australian authorised officer (whether in or outside South Australia) for the purpose of the person's transport to a South Australian treatment centre or other place in South Australia for medical examination.\n\t(2)\tA South Australian authorised officer or an interstate authorised officer may, for the purpose of the person's transport to a South Australian treatment centre or other place in South Australia for medical examination—\n\t(b)\tif the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,\n","sortOrder":14},{"sectionNumber":"Part 11","sectionType":"part","heading":"Reviews and appeals","content":"Part 11—Reviews and appeals\n79—Reviews of treatment orders and other matters\n\t(1)\tThe Tribunal must conduct the following reviews:\n\t(b)\ta review of a level 2 community treatment order that has been made in respect of a child and continues to apply to the person 3 months after the making of the order (which review must be conducted as soon as practicable after the end of the period of 3 months);\n\t(c)\ta review of the circumstances involved in the making of a level 1 inpatient treatment order if the order has been made within 7 days after the expiry or revocation of a previous inpatient treatment order applying to the same person (which review must be conducted as soon as practicable after the making of the level 1 inpatient treatment order);\n\t(ca)\ta review of the circumstances involved in the making of an order to extend a level 2 inpatient treatment order (which review must be conducted as soon as practicable after the making of the order to extend a level 2 inpatient treatment order);\n\t(d)\ta review of a level 3 inpatient treatment order that has been made in respect of a child and continues to apply to the person 3 months after the making of the order (which review must be conducted as soon as practicable after the end of the period of 3 months);\n\t(e)\tany review that is required under the regulations.\n\t(2)\tThe Tribunal may conduct any other review that it considers appropriate relating to a community treatment order or inpatient treatment order or treatment administered to a person to whom an order applies under this Act.\n\t(3)\tThe Tribunal may conduct a review under this section in any manner that it considers appropriate.\n\t(4)\tIf a review under this section relates to a patient to whom a treatment and care plan applies, the Chief Psychiatrist must cause a copy of the plan to be submitted to the Tribunal at or before the commencement of the Tribunal's proceedings on the review.\n\t(5)\tFor the purposes of the South Australian Civil and Administrative Tribunal Act 2013, a review under this section will be taken to come within the Tribunal's original jurisdiction.\n80—Decisions and reports on reviews of treatment orders\n\t(1)\tOn completion of a review, the Tribunal must revoke, with immediate effect, any community treatment order or inpatient treatment order to which the review relates if the Tribunal is not satisfied that there are proper grounds for it to remain in operation.\n\t(2)\tSubject to subsection (1), the Tribunal may, on a review relating to a community treatment order or inpatient treatment order, do 1 or more of the following:\n\t(a)\taffirm the order;\n\t(b)\tvary the order;\n\t(c)\trevoke the order;\n\t(d)\tmake an order, not being an inpatient treatment order, that the Tribunal considers should be made in respect of the person, including an order that the treatment and care plan applying to the person be reviewed.\n\t(3)\tThe Tribunal may, on a review, provide to the Minister a written report on any matter the Tribunal considers should be drawn to the Minister's attention.\n81—Reviews of orders (other than Tribunal orders)\n\t(1)\tAny of the following persons who is dissatisfied with a community treatment order or inpatient treatment order (other than an order made by the Tribunal) may seek a review of the order by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013:\n\t(a)\tthe person to whom the order applies;\n\t(b)\tthe Public Advocate;\n\t(c)\ta guardian, medical agent, relative, carer or friend of the person to whom the order applies;\n\t(d)\tany other person who satisfies the Tribunal that he or she has a proper interest in the matter.\n\t(2)\tA review under this section may be instituted at any time during the currency of the order the subject of the review.\n\t(2a)\tFor the purposes of conducting a review under this section, the Tribunal must be constituted of at least 1 medical practitioner and 1 legal practitioner.\n\t(2b)\tIf a review under this section relates to a level 1 community treatment order, the Chief Psychiatrist must, if requested by the Tribunal, cause a copy of any notice sent or given to the Chief Psychiatrist under section 11 to be given to the Tribunal within 1 business day of the Tribunal requesting the documents.\n\t(2c)\tIf a review under this section relates to a level 1 inpatient treatment order, the Chief Psychiatrist must cause a copy of the notice sent or given to the Chief Psychiatrist under section 22 to be given to the Tribunal within 1 business day of the Tribunal requesting the documents.\n\t(2d)\tIf a review under this section relates to a level 2 inpatient treatment order, the Chief Psychiatrist must cause a copy of the notice sent or given to the Chief Psychiatrist under section 26 to be given to the Tribunal within 1 business day of the Tribunal requesting the documents.\n\t(3)\tIf a review under this section relates to a patient to whom a treatment and care plan applies, the Chief Psychiatrist must cause a copy of the plan to be submitted to the Tribunal at or before the commencement of the Tribunal's proceedings on the review.\n83—Review of directions for transfer of patients to interstate treatment centres\n\t(1)\tAny of the following persons who is dissatisfied with a direction under section 70 for the transfer of a patient to an interstate treatment centre may seek a review of the direction by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013:\n\t(a)\tthe patient;\n\t(b)\tthe Public Advocate;\n\t(c)\ta guardian, medical agent, relative, carer or friend of the patient;\n\t(d)\tany other person who satisfies the Tribunal that he or she has a proper interest in the matter.\n\t(2)\tA review under this section must be instituted within 14 days after the giving of the direction.\n\t(3)\tThe Tribunal may, on hearing a review of a direction, affirm or revoke the direction.\n83A—Reviews and appeals\nThe following provisions operate in connection with the application of Part 5 of the South Australian Civil and Administrative Tribunal Act 2013 in relation to this Act:\n\t(a)\ta decision of the Tribunal not to authorise publication of a report of proceedings before the Tribunal may not be the subject of an application for internal review;\n\t(b)\tsubject to paragraph (a), an application for internal review may be made by—\n\t(i)\tthe applicant in proceedings before the Tribunal in the exercise of its original jurisdiction (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013) for the purposes of this Act; or\n\t(ii)\ta person to whom the proceedings relate (if not the applicant under paragraph (a)); or\n\t(iii)\tthe Public Advocate; or\n\t(iv)\tany person who presented evidence or material before, or made submissions to, the Tribunal in the relevant proceedings; or\n\t(v)\tany other person who satisfies the Tribunal that he or she has a proper interest in the matter;\n\t(c)\tthe person to whom an application for internal review relates (if he or she is not the applicant) will be a party to those proceedings;\n\t(d)\tthe Tribunal must hear and determine an internal review as expeditiously as is reasonably practicable and must give priority to hearing and determining internal reviews of decisions relating to an application relating to the detention of any person;\n\t(e)\tthe constitution of the Tribunal must be consistent with the following requirements for an internal review in the following cases:\n\t(i)\tin the case of an internal review that relates to an order of the Tribunal under section 16 or 29—the Tribunal must not be constituted by a medical practitioner sitting alone;\n\t(ii)\tin the case of an internal review that relates to a review under section 81—the Tribunal must be constituted by 3 members;\n\t(f)\tthe Tribunal may make an order for costs against a party to proceedings for internal review, but only if the Tribunal is satisfied that the institution of the proceedings, or the party's conduct in relation to the proceedings, was frivolous, vexatious or calculated to cause delay;\n\t(g)\tsubject to paragraph (h), an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 must be instituted within 14 days—\n\t(i)\tafter the making of the decision to which the appeal relates; or\n\t(ii)\tafter being furnished with the reasons for that decision,\nwhichever is the later (but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that period (even if the time for instituting the appeal has expired));\n\t(h)\tthe following decisions of the Tribunal are not appealable to the Supreme Court:\n\t(i)\ta decision not to authorise publication of a report of proceedings before the Tribunal;\n\t(ii)\ta decision made by the Tribunal in the exercise of its review jurisdiction under section 34 of the South Australian Civil and Administrative Tribunal Act 2013;\n\t(i)\tno order for costs may be made against an applicant in an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 if he or she is the person to whom the decision appealed against relates.\n84—Representation on reviews or appeals\n\t(1)\tIn every review or appeal, or application for permission for review or appeal, under this Part (other than a review under section 79), the person to whom the proceedings relate is entitled to be represented by counsel in accordance with this section.\n\t(2)\tIf a person chooses to be represented by counsel pursuant to this section, he or she is entitled to be represented by a legal practitioner provided pursuant to a scheme established by the Minister for the purposes of this section, being a legal practitioner—\n\t(a)\tchosen by the person himself or herself; or\n\t(b)\tin default of the person making a choice, chosen by such person or authority as the scheme contemplates.\n\t(3)\tA legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person pursuant to this section is entitled to receive fees for his or her services from the Minister, in accordance with a prescribed scale, and cannot demand or receive from any other person any further fee for those services.\n\t(4)\tNothing in this section derogates from the right of the person to whom the proceedings relate to engage counsel at his or her own expense, or to appear personally, by the Public Advocate or by a representative pursuant to any other provision of this Act.\n","sortOrder":15},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Special provisions relating to Tribunal","content":"Part 11A—Special provisions relating to Tribunal\n85—Tribunal must give notice of proceedings\n\t(1)\tTribunal must give the following persons reasonable notice of the time and place of the hearings of proceedings before the Tribunal:\n\t(a)\tthe applicant;\n\t(b)\tthe person to whom the proceedings relate;\n\t(c)\tthe Public Advocate;\n\t(ca)\tif the proceedings relate to an application for consent to prescribed psychiatric treatment—the Chief Psychiatrist;\n\t(d)\tsuch other persons as the Tribunal considers have a proper interest in the matter.\n\t(2)\tDespite subsection (1)—\n\t(a)\tthe Tribunal is not obliged to give notice of proceedings to a person if the person's whereabouts cannot, after reasonable enquiries, be ascertained; and\n\t(b)\tthe Tribunal may, if satisfied that urgent action is required in proceedings before the Tribunal, make an order (or any other decision) as a matter of urgency without complying with subsection (1), with effect for a period not exceeding 21 days as directed by the Tribunal.\n85A—Reasons for decisions\nThe Tribunal must, on request by a person who has a right of internal review of a decision of the Tribunal or who satisfies the Tribunal that he or she has a proper interest in the matter, furnish the person with a written statement of the Tribunal's reasons for the decision, but not—\n\t(a)\tif the request is made after the period for the review has expired; or\n\t(b)\tif a review has been instituted—after the review has been decided.\n85B—Representation of person who is subject of proceedings\n\t(1)\tA person who is the subject of proceedings before the Tribunal is entitled to appear before the Tribunal by—\n\t(a)\tthe Public Advocate; or\n\t(b)\texcept in the case of an internal review—a recognised advocate.\n\t(2)\tSubsection (1) applies in addition to section 56(1) of the South Australian Civil and Administrative Tribunal Act 2013.\nrecognised advocate means a person who is, by instrument in writing, recognised by the Tribunal as a person who is qualified to act as an advocate in proceedings before the Tribunal for the person to whom the proceedings relate.\n","sortOrder":16},{"sectionNumber":"Part 12","sectionType":"part","heading":"Administration","content":"Part 12—Administration\nDivision 1—Minister and Chief Executive\n86—Minister's functions\nThe Minister has the following functions for the purposes of this Act:\n\t(a)\tto encourage and facilitate the involvement of persons who currently have, or have previously had, a mental illness, their carers and the community in the development of mental health policies and services;\n\t(b)\tto develop or promote a strong and viable system of treatment and care, and a full range of services and facilities, for persons with mental illness;\n\t(c)\tto develop or promote ongoing programmes for optimising the mental health of children and young persons who are or have been under the guardianship or in the custody of the Minister pursuant to the Children's Protection Act 1993, or of the Chief Executive under the Children and Young People (Safety) Act 2017;\n\t(d)\tto develop or promote services that aim to prevent mental illness and intervene early when mental illness is evident;\n\t(e)\tto ensure that information about mental health and mental illness is made available to the community and to promote public awareness about mental health and mental illness;\n\t(f)\tto develop or promote appropriate education and training programmes, and effective systems of accountability, for persons delivering mental health services;\n\t(g)\tto promote services in the non‑government sector that are designed to assist persons with mental illness;\n\t(h)\tto develop or promote programmes to reduce the adverse impact of mental illness on family and community life;\n\t(i)\tany other functions assigned to the Minister by this Act.\n87—Delegation by Minister\n\t(1)\tThe Minister may delegate a power or function of the Minister under this Act or another Act to a particular person or body or to the person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n88—Delegation by Chief Executive\n\t(1)\tThe Chief Executive may delegate a power or function of the Chief Executive under this Act to a particular person or body or to the person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\nDivision 2—Chief Psychiatrist\n89—Chief Psychiatrist\n\t(1)\tThere will be a position of Chief Psychiatrist.\n\t(2)\tThe Governor may appoint a senior psychiatrist to the position of Chief Psychiatrist.\n\t(3)\tThe terms and conditions of appointment to the position of Chief Psychiatrist will be as determined by the Governor.\n90—Chief Psychiatrist's functions\n\t(1)\tThe Chief Psychiatrist has the following functions:\n\t(a)\tto promote continuous improvement in the organisation and delivery of mental health services in South Australia;\n\t(b)\tto monitor the treatment of voluntary inpatients and involuntary inpatients, and the use of restrictive practices in relation to such patients;\n\t(c)\tto monitor the administration of this Act and the standard of mental health care provided in South Australia;\n\t(d)\tto advise the Minister on issues relating to mental health and to report to the Minister any matters of concern relating to the care or treatment of patients;\n\t(e)\tany other functions assigned to the Chief Psychiatrist by this Act or any other Act or by the Minister.\n\t(2)\tThe Chief Psychiatrist may issue standards that are to be observed in the care or treatment of patients.\n\t(3)\tAny standards issued by the Chief Psychiatrist under this section will be—\n\t(a)\tbinding on any incorporated hospital; and\n\t(ab)\tbinding on any incorporated health service; and\n\t(b)\tbinding as a condition of the licence in force in respect of any private hospital premises under Part 10 of the Health Care Act 2008.\n\t(4)\tThe Chief Psychiatrist will—\n\t(a)\thave the authority to conduct inspections of the premises and operations of any incorporated hospital; and\n\t(ab)\thave the authority to conduct inspections of the premises and operations of any incorporated health service; and\n\t(b)\tbe taken to be an inspector under Part 10 of the Health Care Act 2008.\n\t(5)\tFor the purposes of subsection (4)(a) and (ab), the Chief Psychiatrist may, at any reasonable time, enter the premises of an incorporated hospital or an incorporated health service and, while on the premises, may—\n\t(a)\tinspect the premises or any equipment or other thing on the premises; and\n\t(b)\trequire any person to produce any documents or records; and\n\t(c)\texamine any documents or records and take extracts from, or make copies of, any of them.\n\t(6)\tA person must not refuse or fail to comply with a requirement made under subsection (5).\nMaximum penalty: $10 000.\n\t(7)\tA person must not hinder or obstruct the Chief Psychiatrist in the exercise by the Chief Psychiatrist of the powers conferred by subsection (5).\nMaximum penalty: $10 000.\n91—Delegation by Chief Psychiatrist\n\t(1)\tThe Chief Psychiatrist may delegate a power or function of the Chief Psychiatrist under this Act to a particular person or to the person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n92—Annual report of Chief Psychiatrist\n\t(1)\tThe Chief Psychiatrist must, before 30 September in each year, present a report to the Minister containing—\n\t(aa)\tin respect of the administrative functions conferred on the Chief Psychiatrist under this Act—information about how the Chief Psychiatrist has performed those functions; and\n\t(a)\tin respect of each level of community treatment order and inpatient treatment order—\n\t(i)\tinformation about the number and duration of the orders made or in force during the preceding financial year; and\n\t(ii)\tdemographic information about the patients, including information about areas of residence and places of treatment; and\n\t(b)\tin respect of the administration of Part 10 (Arrangements between South Australia and other jurisdictions)—\n\t(i)\ta statement of the number of occasions during the preceding financial year on which powers have been exercised under each of the following provisions:\n\t(A)\tsection 66(1) (South Australian community treatment orders and treatment in other jurisdictions);\n\t(B)\tsection 69 (Making of South Australian community treatment orders when interstate orders apply);\n\t(C)\tsection 70(1) (Transfer from South Australian treatment centres);\n\t(D)\tsection 71 (Transfer to South Australian treatment centres);\n\t(E)\tsection 74(1) (Transport to other jurisdictions when South Australian inpatient treatment orders apply);\n\t(F)\tsection 75(2) (Transport to other jurisdictions of persons with apparent mental illness);\n\t(G)\tsection 76(1) or (4) (Transport to other jurisdictions when interstate inpatient treatment orders apply);\n\t(H)\tsection 77(1) or (3) (Transport to South Australia when South Australian inpatient treatment orders apply);\n\t(I)\tsection 78 (Transport to South Australia of persons with apparent mental illness); and\n\t(ii)\tinformation about the circumstances in which the powers were exercised.\n\t(2)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\nDivision 3—Authorised medical practitioners\n93—Authorised medical practitioners\n\t(1)\tThe Chief Psychiatrist may, by notice in the Gazette, determine that a specified medical practitioner, or a medical practitioner of a specified class, will be an authorised medical practitioner for the purposes of this Act.\n\t(b)\tby subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section.\n\t(3)\tThe Chief Psychiatrist must cause records to be kept and maintained of—\n\t(a)\teach medical practitioner, or medical practitioner or a class, who has been determined to be an authorised medical practitioner under this section; and\n\t(b)\tthe conditions or limitations attached to each such determination.\nDivision 4—Authorised mental health professionals\n94—Authorised mental health professionals\n\t(1)\tThe Chief Psychiatrist may, by notice in the Gazette, determine that a specified person, or a person of a specified class, will be an authorised mental health professional for the purposes of this Act.\n\t(b)\tby subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section.\n\t(3)\tThe Chief Psychiatrist must cause records to be kept and maintained of—\n\t(a)\teach specified person, or person of a specified class, who has been determined to be an authorised mental health professional under this section; and\n\t(b)\tthe conditions or limitations attached to each such determination.\n95—Code of practice for authorised mental health professionals\n\t(1)\tThe Chief Psychiatrist may, by notice in the Gazette, approve or endorse a code of practice governing the exercise of powers by authorised mental health professionals under this Act.\n\t(2)\tThe Chief Psychiatrist may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1).\nDivision 5—Treatment centres\n96—Approved treatment centres\n\t(1)\tThe Chief Psychiatrist may, by notice in the Gazette, determine that a specified place will be an approved treatment centre for the purposes of this Act.\n\t(b)\tby subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section.\n97—Limited treatment centres\n\t(1)\tThe Chief Psychiatrist may, by notice in the Gazette, determine that a specified place will be a limited treatment centre for the purposes of this Act.\n\t(b)\tby subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section.\n97A—Authorised community mental health facilities\n\t(1)\tThe Chief Psychiatrist may, by notice in the Gazette, determine that a specified place will be an authorised community mental health facility for the purposes of this Act.\n\t(b)\tby subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section.\n100—Delegation by directors of treatment centres\n\t(1)\tThe director of a treatment centre may delegate a power or function of the director under this Act to a particular person or to the person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n","sortOrder":17},{"sectionNumber":"Part 13","sectionType":"part","heading":"Miscellaneous","content":"Part 13—Miscellaneous\n101—Errors in orders etc\n\t(1)\tA written order, notice or other instrument will be valid and effective for the purposes of this Act despite non‑compliance with a requirement of this Act as to the form or contents of the instrument if its intended meaning and effect are reasonably apparent from the instrument itself.\n\t(2)\tWithout limiting the effect of subsection (1), if there is a clerical error or omission or misdescription of a person in an order, notice or other instrument, the author of the instrument, a person confirming or varying the instrument, or the Tribunal, may make any necessary correction of the instrument, and any such correction will be taken to have had effect from the date of the making of the original instrument.\n102—Offences relating to authorisations and orders\n\t(1)\tA medical practitioner or authorised mental health professional who signs any authorisation or order for the purposes of this Act, without having examined the person to whom the authorisation or order relates, is guilty of an offence.\n\t(2)\tSubsection (1) does not apply to action of the Chief Psychiatrist under section 69.\n\t(3)\tA medical practitioner or authorised mental health professional who—\n\t(a)\tcertifies that a person has a mental illness, not believing the person to have a mental illness; or\n\t(b)\tmakes a statement in an authorisation or order given or made under or for the purposes of this Act, or in a record kept in respect of a person to whom such an authorisation or order applies, knowing the statement to be false or misleading,\nis guilty of an offence.\n\t(4)\tA person who, not being a medical practitioner or authorised mental health professional—\n\t(a)\tsigns any certificate or order for the purposes of this Act in which he or she describes himself or herself as, or pretends to be, a medical practitioner or authorised mental health professional; or\n\t(b)\totherwise purports to act under this Act in the capacity of a medical practitioner or authorised mental health professional,\nis guilty of an offence.\n\t(5)\tA person who, by fraudulent means, procures or attempts to procure any person who does not have a mental illness to be received into a treatment centre, or to be treated as a person to whom an order applies under this Act, is guilty of an offence.\n103—Medical practitioners or health professionals not to act in respect of relatives\nA medical practitioner or authorised mental health professional cannot sign any authorisation, certificate or order under this Act relating to the treatment of a person to whom the medical practitioner or authorised mental health professional is related by blood or marriage, or who is the domestic partner of the medical practitioner or authorised mental health professional.\n104—Removing inpatients from treatment centres\nA person must not, without lawful excuse, remove an involuntary inpatient from a treatment centre, or aid such a patient to leave the centre.\n106—Confidentiality and disclosure of information\n\t(1)\tSubject to subsection (2), a person engaged or formerly engaged in the administration of this Act must not disclose personal information relating to a person obtained in the course of administration of this Act except to the extent that he or she may be authorised or required to disclose that information by—\n\t(a)\tthe Chief Executive; or\n\t(b)\tin the case of information obtained while working at an incorporated hospital or incorporated health service under the Health Care Act 2008 or the SA Ambulance Service Inc (SAAS)—by the hospital, the health service or SAAS (as the case requires).\n\t(2)\tSubsection (1) does not prevent a person from—\n\t(a)\tdisclosing information as required or authorised by law, or as required or authorised for the administration of this Act or a law of another State or a Territory of the Commonwealth; or\n\t(b)\tdisclosing information at the request, or with the consent, of the person to whom the information relates or a guardian or medical agent of the person; or\n\t(c)\tdisclosing information to a relative, carer or friend of the person to whom the information relates if—\n\t(i)\tthe disclosure is reasonably required for the treatment, care or rehabilitation of the person; and\n\t(ii)\tthere is no reason to believe that the disclosure would be contrary to the person's best interests; or\n\t(d)\tsubject to the regulations (if any)—\n\t(i)\tdisclosing information to a health or other service provider if the disclosure is reasonably required for the treatment, care or rehabilitation of the person to whom the information relates; or\n\t(ii)\tdisclosing information by entering the information into an electronic records system established for the purpose of enabling the recording or sharing of information in or between persons or bodies involved in the provision of health services; or\n\t(iii)\tdisclosing information to such extent as is reasonably required in connection with the management or administration of the Department, a hospital, an incorporated health service or SA Ambulance Service Inc (including for the purposes of charging for a service); or\n\t(e)\tdisclosing information if the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person, or a serious threat to public health or safety; or\n\t(f)\tdisclosing information for medical or social research purposes if the research methodology has been approved by an ethics committee and there is no reason to believe that the disclosure would be contrary to the person's best interests; or\n\t(fa)\tdisclosing information to South Australia Police if there are reasonable grounds to suspect that an offence has been, or may be, committed and the disclosure is reasonably required for the purpose of reporting the matter to South Australia Police; or\n\t(fb)\tdisclosing information to the State Coroner, or to a person who is an investigator under the Coroners Act 2003 investigating a death on behalf of the State Coroner; or\n\t(fc)\tdisclosing information to a legal practitioner engaged by or on behalf of the Minister, the Department, an attached office to the Department, an incorporated hospital, an incorporated health service, SAAS or the South Australian Government Financing Authority (acting in its function as insurer to an entity referred to in this paragraph) to provide legal representation or legal advice; or\n\t(fd)\tdisclosing information to the Minister or persons employed or engaged to work for the Minister for the purposes of the Minister handling a complaint made by the person to whom the information relates (or by their personal representative) about mental health services the person has received; or\n\t(g)\tdisclosing information in accordance with the regulations.\n\t(3)\tSubsection (2)(c) does not authorise the disclosure of personal information in contravention of a direction given by the person to whom the information relates.\n\t(4)\tSubsection (3) does not apply to a person to whom a community treatment order or inpatient treatment order applies.\n\t(5)\tIn this section—\nlegal practitioner has the same meaning as in the Legal Practitioners Act 1981;\npersonal information means information or an opinion, whether true or not, relating to a natural person or the affairs of a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion;\npersonal representative, of a person, means—\n\t(a)\ta guardian of the person; or\n\t(b)\ta medical agent of the person; or\n\t(c)\ta substitute decision-maker for the person (within the meaning of the Advance Care Directives Act 2013);\nSouth Australia Police has the same meaning as in the Police Act 1998.\n107—Prohibition of publication of reports of proceedings\n\t(1)\tSubject to subsection (2), a person must not publish a report of any proceedings under this Act.\n\t(2)\tThe Tribunal may, on application by a person who the Tribunal is satisfied has a proper interest in the matter, authorise the publication of a report of proceedings before the Tribunal under this Act.\n\t(3)\tA person who is authorised to publish a report under subsection (2) must not, except as authorised by the Tribunal, disclose any information in the report that identifies, or could tend to identify, the person to whom the proceedings relate.\n108—Requirements for notice to Tribunal or Chief Psychiatrist\nA medical practitioner must not fail, without reasonable excuse, to comply with a provision of this Act requiring the practitioner to send or give a notice to the Tribunal or the Chief Psychiatrist.\nMaximum penalty: $1 250.\n109—Evidentiary provision\nIn any legal proceedings—\n\t(a)\tan apparently genuine document purporting to be a community treatment order, inpatient treatment order or patient transport request will be accepted as such in the absence of proof to the contrary;\n\t(b)\tan apparently genuine document purporting to be a certificate under the hand of the chief executive officer of SA Ambulance Service Inc and to certify that a person was at a specified time employed as an ambulance officer, or engaged as a volunteer ambulance officer, with an organisation that provides ambulance services and authorised by the chief executive officer of SA Ambulance Service Inc to exercise the powers conferred by this Act on authorised officers will be accepted as proof of the matters so certified in the absence of proof to the contrary;\n\t(c)\tan apparently genuine document purporting to be a certificate under the hand of the Chief Psychiatrist and to certify that a person was at a specified time classified by the Chief Psychiatrist as a mental health clinician for the purposes of this Act will be accepted as proof of the matters so certified in the absence of proof to the contrary;\n\t(d)\tan apparently genuine document purporting to be a Ministerial agreement or a request, direction or approval under Part 10 will be accepted as such in the absence of proof to the contrary;\n\t(e)\tan apparently genuine document purporting to be standards issued by the Chief Psychiatrist with the approval of the Minister under Part 12 will be accepted as such in the absence of proof to the contrary;\n\t(g)\tan apparently genuine document purporting to be a delegation by the Minister, the Chief Psychiatrist or the director of a treatment centre under Part 12 will be accepted as such in the absence of proof to the contrary.\n110—Regulations\n\t(1)\tThe Governor may make any regulations that are contemplated by this Act, or are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\tprovide for the keeping of records; or\n\t(b)\tprescribe, and provide for the payment and recovery of, fees in respect of accommodation, treatment or other services provided at treatment centres; or\n\t(c)\tprovide for the recovery of medical practitioners' fees on the medical examination of persons with apparent mental illness; or\n\t(d)\tprovide for the recovery of fees for ambulance services provided in the exercise of powers under this Act; or\n\t(e)\tprescribe any matter relating to procedures to be adopted under this Act; or\n\t(f)\tprescribe a penalty not exceeding $5 000 for breach of a regulation.\n\t(3)\tThe regulations may—\n\t(a)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Chief Psychiatrist, the director of a treatment centre or any other person or body prescribed by the regulations.\n111—Review of Act\nThe Minister must, within 5 years after the commencement of this Act or any provision of this Act—\n\t(a)\tcause a report to be prepared on the operation of this Act; and\n\t(b)\tcause a copy of the report to be laid before each House of Parliament.\n","sortOrder":18},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Certain conduct may not indicate mental illness","content":"Schedule 1—Certain conduct may not indicate mental illness\nA person does not have a mental illness merely because of any 1 or more of the following:\n\t(a)\tthe person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular political opinion or belief;\n\t(b)\tthe person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular religious opinion or belief;\n\t(c)\tthe person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular philosophy;\n\t(d)\tthe person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular sexual preference or sexual orientation;\n\t(e)\tthe person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular political activity;\n\t(f)\tthe person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular religious activity;\n\t(g)\tthe person engages in or has engaged in a particular sexual activity or sexual promiscuity;\n\t(h)\tthe person engages in or has engaged in immoral conduct;\n\t(i)\tthe person engages in or has engaged in illegal conduct;\n\t(j)\tthe person has developmental disability of mind;\n\t(k)\tthe person takes or has taken alcohol or any other drug;\n\t(l)\tthe person engages in or has engaged in anti‑social behaviour;\n\t(m)\tthe person has a particular economic or social status or is a member of a particular cultural or racial group.\nHowever, nothing prevents, in relation to a person who takes or has taken alcohol or any other drug, the serious or permanent physiological, biochemical or psychological effects of drug taking from being regarded as an indication that a person is suffering from mental illness.\n","sortOrder":19},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 2—Transitional provisions\n2—Transitional provisions\n\t(1)\tAn order in force under section 12(1) of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 1 detention and treatment order under this Act, subject to the provisions of this Act.\n\t(2)\tAn order in force under section 12(5) of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 2 detention and treatment order under this Act, subject to the provisions of this Act.\n\t(3)\tAn order in force under section 12(6) of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 2 detention and treatment order under this Act, subject to the provisions of this Act.\n\t(4)\tDespite subclause (3), an order continued in force under that subclause will, unless it earlier expires or is revoked, expire at 2 pm on the day 21 days after the day on which it was made.\n\t(5)\tAn order in force under section 13 of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 3 detention and treatment order under this Act, subject to the provisions of this Act.\n\t(6)\tDespite subclause (5), an order continued in force under that subclause will, unless it is earlier revoked, expire at 2 pm on the last day of the period specified in the order as the period for which the person is to be detained under the order.\n\t(7)\tAn order in force under section 20 of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 2 community treatment order under this Act, subject to the provisions of this Act.\n\t(8)\tDespite subclause (7), an order continued in force under that subclause will, unless it is earlier revoked, expire at 2 pm on the last day of the period specified in the order as the period for which the person is to given treatment under the order.\n\t(9)\tAn authorisation or consent given by the Board, a medical practitioner or any other person under a provision of the Mental Health Act 1993 continues to have effect for the purpose of the corresponding provision of this Act.\n\t(10)\tA proceeding of the Board commenced under a provision of the Mental Health Act 1993, but not completed immediately before the repeal of that Act, may be continued and completed for the purpose of the corresponding provision of this Act.\n\t(11)\tAn appeal commenced under the Guardianship and Administration Act 1993 in relation to a decision or order of the Board under a provision of the Mental Health Act 1993, but not completed immediately before the repeal of the Mental Health Act 1993, may be continued and completed as if it related to a decision or order of the Board under the corresponding provision of this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Mental Health Act 2009 repealed the following:\nMental Health Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Mental Health Act 2009\n11.6.2009\n1.7.2010 (Gazette 24.6.2010 p3155) except s 3 community visitor, ss 47(2)(d), 48(3)(f) and Pt 8 Div 2—11.6.2011 (s 7(5) Acts Interpretation Act 1915)\n Health Practitioner Regulation National Law (South Australia) Act 2010\nSch 1 (cl 22)—1.7.2010 (Gazette 1.7.2010 p3338)\n Mental Health (Repeal of Harbouring Offence) Amendment Act 2010\n Mental Health (Inpatient) Amendment Act 2012\n21.6.2012\n23.8.2012 (Gazette 2.8.2012 p3302)\n Statutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 11 (ss 105—131)—29.3.2015 (Gazette 5.3.2015 p883)\n Mental Health (Review) Amendment Act 2016\n14.7.2016\nPt 2 (ss 4—84)—5.6.2017 (Gazette 30.5.2017 p1982)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 29 (ss 174 to 179)—14.12.2017 (Gazette 12.12.2017 p4960)\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 16 (s 122)—22.10.2018 (Gazette 19.12.2017 p5119)\n Health Care (Governance) Amendment Act 2021\n17.6.2021\nSch 1 (cl 1)—23.8.2021 (Gazette 29.7.2021 p2915)\n Statutes Amendment (COVID-19 Permanent Measures) Act 2021\n17.6.2021\nPt 7 (ss 13 to 15)—9.9.2021 (Gazette 18.8.2021 p3099)\n Statutes Amendment (Spit Hood Prohibition) Act 2021\nPt 3 (s 4)—25.11.2021\n Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 13 (s 29)—22.6.2023 (Gazette 15.6.2023 p1774)\nPublic Holidays Act 2023\n7.12.2023\nSch 1 (cl 14)—1.1.2024: s 2\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cl 31)—uncommenced\nMental Health (Community Visitor Scheme) Amendment Act 2025\n11.9.2025\n30.10.2025 (Gazette 30.10.2025 p4241)\nStatutes Amendment (Health and Wellbeing) Act 2025\nPt 11 (ss 60 to 63)—4.12.2025: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002 and by 26/2012 Sch 1\n\namended by 34/2016 s 4(1), (2)\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\ns 3 redesignated as s 3(1) by 34/2016 s 5(18)\nabsent without leave\ninserted by 34/2016 s 5(1)\nadvance care directive\ninserted by 34/2016 s 5(1)\napproved treatment centre\namended by 34/2016 s 5(2)\nauthorised community mental health facility\ninserted by 34/2016 s 5(3)\nauthorised health professional\ndeleted by 34/2016 s 5(3)\nauthorised medical practitioner\namended by 34/2016 s 5(4)\nauthorised mental health professional\ninserted by 34/2016 s 5(5)\nauthorised officer\namended by 34/2016 s 5(6)\nBoard\ndeleted by 26/2014 s 105(1)\nbusiness day\ndeleted by 39/2023 Sch 1 cl 14\n1.1.2024\nChief Executive\namended by 34/2016 s 5(7)\ndecision\ninserted by 26/2014 s 105(2)\nDepartment\ninserted by 34/2016 s 5(8)\ndirector\nsubstituted by 34/2016 s 5(9)\ndetention and treatment order\ndeleted by 26/2012 s 4(1)\nincorporated health service\ninserted by 69/2025 s 60\nincorporated hospital\ninserted by 69/2025 s 60\ninpatient\ninpatient treatment order\ninternal review\ninserted by 26/2014 s 105(3)\ninvoluntary inpatient\nleave of absence\nlevel 1 inpatient treatment order\nlevel 1 detention and treatment order amended to read level 1 inpatient treatment order by 26/2012 Sch 1\nlevel 2 inpatient treatment order\nlevel 2 detention and treatment order amended to read level 2 inpatient treatment order by 26/2012 Sch 1\nlevel 3 inpatient treatment order\nlevel 3 detention and treatment order amended to read level 3 inpatient treatment order by 26/2012 Sch 1\nlimited treatment centre\namended by 34/2016 s 5(10)\nmedical examination\namended by 34/2016 s 5(11)\nmedical practitioner\nsubstituted by 5/2010 Sch 1 cl 22(1)\npatient\namended by 26/2012 s 4(3), Sch 1\n\nsubstituted by 34/2016 s 5(12)\npatient assistance request\ninserted by 34/2016 s 5(13)\npatient at large\namended by 26/2012 s 4(4), Sch 1\n\ndeleted by 34/2016 s 5(13)\nPrescribed Psychiatric Treatment Panel or Panel\ninserted by 34/2016 s 5(14)\npsychiatrist\nsubstituted by 5/2010 Sch 1 cl 22(2)\nrestrictive practice\ninserted by 34/2016 s 5(15)\nsubstitute decision-maker\ninserted by 34/2016 s 5(16)\nTribunal\ninserted by 26/2014 s 105(4)\nvoluntary community patient\ninserted by 34/2016 s 5(17)\nvoluntary patient\ndeleted by 26/2012 s 4(5)\nvoluntary inpatient\ninserted by 26/2012 s 4(5)\ns 3(2) and (3)\ninserted by 34/2016 s 5(18)\ns 4\n\ns 4(1)\namended by 34/2016 s 6(1)\ns 4(3)\ninserted by 34/2016 s 6(2)\ns 5\n\ns 5(1)\namended by 34/2016 s 7\ns 5A\ninserted by 34/2016 s 8\nPt 2\n\ns 6\n\namended by 34/2016 s 9\ns 7\n\ns 7(1)\namended by 26/2014 s 106\n\namended by 34/2016 s 10(1)—(4)\ns 7(2)\n\nmental health services\namended by 34/2016 s 10(5)\npatient\ninserted by 34/2016 s 10(6)\nPt 3\n\ns 8\n\ns 8(1) and (2)\ns 9\n\ns 9(1)\n\namended by 34/2016 s 11\nPt 4\n\ns 10\n\ns 10(1)\namended by 34/2016 s 12(1)—(3)\ns 10(3)\namended by 34/2016 s 12(4)\ns 10(4)\namended by 34/2016 s 12(5)\ns 10(5)\nsubstituted by 34/2016 s 12(6)\ns 10(6)\namended by 34/2016 s 12(1)\ns 10(7), note\ns 10(8)\namended by 34/2016 s 12(7)\ns 11\n\ns 11(1)\namended by 26/2014 s 107(1)\n\namended by 34/2016 s 13(1)\ns 11(2)\nsubstituted by 26/2014 s 107(2)\n\namended by 34/2016 s 13(2)\n\ndeleted by 51/2017 s 174\ns 12\n\ns 12(1)\namended by 34/2016 s 14(1)\ns 12(2)\namended by 34/2016 s 14(1), (2)\ns 12(3)\namended by 34/2016 s 14(1)\ns 15 before deletion by 34/2016\n\ns 15(1)—(3)\namended by 26/2014 s 108(1)\ns 15(4)\ninserted by 26/2014 s 108(2)\ns 15\ndeleted by 34/2016 s 15\ns 16\n\ns 16(1)\n\namended by 34/2016 s 16(1), (2)\ns 16(3)\n\n(b) deleted by 34/2016 s 16(3)\ns 16(4)\ns 16(4a)\ninserted by 51/2017 s 175\ns 16(6)\namended by 26/2014 s 109(1)—(3)\ns 16(7) and (8)\ns 17\namended by 26/2014 s 110(1), (2)\nPt 5\n\nPt 5 Div 1\n\ns 20\n\ns 20(1) and (2)\nPt 5 Div 2\n\ns 21\n\ns 21(1)\n\namended by 34/2016 s 17(1)—(3)\ns 21(2)\ns 21(3)\n\namended by 34/2016 s 17(4)\ns 21(4)\ns 21(5)\ns 21(6)\namended by 34/2016 s 17(1)\ns 21(7), note\ns 21(8)\n\namended by 34/2016 s 17(5)\ns 22\n\ns 22(1)\n\namended by 26/2014 s 111(1)\n\namended by 34/2016 s 18(1)\ns 22(2)\nsubstituted by 26/2014 s 111(2)\n\namended by 34/2016 s 18(2)\n\nsubstituted by 51/2017 s 176\ns 23\n\ns 23(1)\n\namended by 34/2016 s 19(1)\ns 23(2)\n\namended by 34/2016 s 19(1), (2)\ns 23(3)\namended by 34/2016 s 19(1)\ns 23(4)\ns 23(5)\ns 24\n\ns 24(1)\n\namended by 34/2016 s 20(1)\ns 24(3)\ns 24(5)\n\namended by 34/2016 s 20(2)\nPt 5 Div 3\n\ns 25\n\ns 25(1)\ns 25(2)\n\namended by 34/2016 s 21(1), (2)\ns 25(3)\ns 25(5)\n\namended by 34/2016 s 21(3)\ns 25(6)\n\namended by 34/2016 s 21(4)\ns 25(7)\ndeleted by 26/2012 Sch 1\n\ninserted by 34/2016 s 21(5)\ns 25(8), note\ns 25(9)\n\namended by 34/2016 s 21(6)\ns 26\n\ns 26(1)\n\namended by 26/2014 s 112(1)\n\namended by 34/2016 s 22(1)\ns 26(2)\nsubstituted by 26/2014 s 112(2)\n\namended by 34/2016 s 22(2)\n\nsubstituted by 51/2017 s 177\ns 26(4)\ns 26(5)\namended by 26/2014 s 112(3)\ns 27\n\ns 27(1)\ns 27(2)\n\namended by 34/2016 s 23\ns 27(4)\ns 27(5)\ns 28\n\ns 28(1)\n\namended by 34/2016 s 24(1)\ns 28(4)\n\namended by 34/2016 s 24(2)\nnote\nPt 5 Div 4\n\ns 29\n\ns 29(1)\n\namended by 34/2016 s 25(1), (2)\ns 29(2)\ns 29(3)\n\namended by 34/2016 s 25(3)\ns 29(4)\n\ns 29(4a)\ninserted by 51/2017 s 178\ns 29(5)\ns 29(6), (7) and note\n\ns 30\n\namended by 26/2014 s 114(1), (2)\ns 31\n\ns 31(1)\n\namended by 34/2016 s 26(1)\ns 31(4)\n\namended by 34/2016 s 26(2)\nnote\nPt 5 Div 5\n\ns 32\ns 33\n\ns 33(1), (2) and note\ns 34\nsubstituted by 26/2012 s 5\ns 34A\ninserted by 26/2012 s 5\ns 34A(2)\namended by 34/2016 s 27\ns 35\n\ns 35(1), note, (2) and (3)\ns 35(6)\namended by 34/2016 s 28\ns 36\n\ns 36(1)\n\namended by 34/2016 s 29\ns 37\n\ns 37(1)\n\namended by 34/2016 s 30\ns 38\n\ns 38(1)\namended by 34/2016 s 31\nPt 6\n\ns 39\n\ns 39(1)\n\namended by 34/2016 s 32(1)\ns 39(2)\namended by 34/2016 s 32(2), (3)\ns 39(3)\ninserted by 34/2016 s 32(4)\ns 40\n\ns 40(2)\namended by 34/2016 s 33\ns 41\n\ns 41(1)\ns 41(2)\n\namended by 34/2016 s 34\nPt 7\n\nPt 7 Div A1\ninserted by 34/2016 s 35\nPt 7 Div 1\n\ns 42\n\ns 42(1)\namended by 26/2012 s 6(1)\n\namended by 26/2014 s 115\n\namended by 34/2016 s 36(1)\ns 42(4)\nsubstituted by 34/2016 s 36(2)\ns 42(5)\namended by 26/2014 s 115\ns 42(7)\namended by 34/2016 s 36(3)\ns 42(9)\n(a) deleted by 26/2012 s 6(2)\nPt 7 Div 2\n\ns 43\n\ns 43(1)\namended by 26/2014 s 116\n\namended by 34/2016 s 37(1)\ns 43(1a)\ninserted by 34/2016 s 37(2)\ns 43(2)\namended by 26/2014 s 116\ns 43(2a)\ninserted by 34/2016 s 37(3)\ns 44\n\ns 44(4)\ninserted by 34/2016 s 38\nPt 8\n\ns 45\n\ns 45(1)\namended by 34/2016 s 39\ns 45(2)\n\namended by 34/2016 s 39\ns 46\n\ns 46(1)\namended by 26/2014 s 117(1)\n\namended by 34/2016 s 40\ns 46(2)—(4)\namended by 26/2014 s 117(2)\ns 47\n\ns 47(1) and (3)\ns 48\n\ns 48(2)\ns 48(3)\namended by 26/2014 s 118\ns 48A\ninserted by 47/2021 s 4\ns 50\n\ns 50(4)\ndeleted by 34/2016 s 41\ns 50\nsubstituted by 37/2025 s 3\ns 50A\ninserted by 37/2025 s 3\ns 51\n\ns 51(1)\namended by 34/2016 s 42(1)\ns 51(3)\ninserted by 34/2016 s 42(2)\n\namended by 69/2025 s 61(1), (2)\ns 51A\ninserted by 34/2016 s 43\ns 51A(1)\nsubstituted by 37/2025 s 4\ns 52\n\ns 52(1)\nsubstituted by 34/2016 s 44(1)\n\namended by 25/2021 s 13\n\namended by 37/2025 s 5(1), (2)\ns 52(2)\nsubstituted by 34/2016 s 44(1)\n\ndeleted by 37/2025 s 5(3)\ns 52(3)\n\namended by 34/2016 s 44(2)\ns 52(4)\namended by 37/2025 s 5(4)\ns 52(5)\namended by 37/2025 s 5(5)\ns 52(7)\ndeleted by 34/2016 s 44(3)\ns 52A\ninserted by 34/2016 s 45\ns 52A(1)\namended by 25/2021 s 14\n\namended by 37/2025 s 6(1), (2)\ns 52A(2)\ndeleted by 37/2025 s 6(3)\ns 52A(4)\namended by 37/2025 s 6(4)\ns 52A(5)\namended by 37/2025 s 6(5)\ns 52A(7)\ninserted by 37/2025 s 6(6)\ns 52B\ninserted by 25/2021 s 15\ns 53\n\ns 53(2)\ns 54\n\ns 54(1)\namended by 34/2016 s 46\nPt 9\n\ns 54A\ninserted by 34/2016 s 47\ns 55\n\ns 55(1)\n\namended by 34/2016 s 48(1), (2)\ns 55(2)\namended by 34/2016 s 48(3)\ns 55(3)\namended by 34/2016 s 48(4)\ns 56\n\ns 56(1)\namended by 34/2016 s 49(1), (2)\ns 56(4)\namended by 34/2016 s 49(3)—(5)\ns 57\n\ns 57(1)\namended by 34/2016 s 50(1), (2)\ns 57(2)\namended by 34/2016 s 50(3)\ns 57(5)\namended by 34/2016 s 50(4), (5)\ns 57(10)\ns 58A\ninserted by 34/2016 s 51\nPt 10\n\ns 61\n\nanother jurisdiction\ninserted by 34/2016 s 52(1)\ncorresponding law\nsubstituted by 34/2016 s 52(1)\ninterstate community treatment order\ninterstate inpatient\ninserted by 26/2012 Sch 1\ninterstate inpatient treatment order\ninterstate detention and treatment order amended to read interstate inpatient treatment order by 26/2012 Sch 1\ninterstate patient absent without leave\ninserted by 34/2016 s 52(2)\ninterstate patient at large\n\ndeleted by 34/2016 s 52(2)\ninterstate treatment centre\nSouth Australian inpatient treatment\nSouth Australian detention and treatment order amended by, and amended to read South Australian inpatient treatment order by, 26/2012 Sch 1\ns 63\n\ns 63(1)\namended by 34/2016 s 53(1)\ns 63(2)\namended by 34/2016 s 53(2)\ns 64\namended by 34/2016 s 54\ns 66\n\ns 66(3) and (4)\nsubstituted by 34/2016 s 55\ns 66(5) and (6) \ninserted by 34/2016 s 55\ns 67\n\ns 67(1)\ns 67 amended and redesignated as s 67(1) by 34/2016 s 56(1), (2)\ns 67(2)\ninserted by 34/2016 s 56(2)\ns 68\n\ns 68(1)\ns 68 redesignated as 68(1) by 34/2016 s 57\ns 68(2)—(8)\ninserted by 34/2016 s 57\ns 69\n\ns 69(2a) and (2b)\ninserted by 34/2016 s 58\ns 70\n\ns 70(1)\n\nsubstituted by 34/2016 s 59(1)\ns 70(3)\namended by 34/2016 s 59(2)\ns 70(4)\n\namended by 26/2014 s 119\n\namended by 34/2016 s 59(3)\ns 70(5)\namended by 34/2016 s 59(4)\ns 70(6)\namended by 34/2016 s 59(5)\ns 70(7)\ninserted by 34/2016 s 59(6)\ns 71\n\ns 71(1)\n\nsubstituted by 34/2016 s 60(1)\ns 71(2)\namended by 34/2016 s 60(2)\ns 71(2a) and (2b)\ninserted by 34/2016 s 60(3)\ns 71(3)\ns 72\n\ns 72(1)\namended by 34/2016 s 61(1), (2)\ns 72(2)\nsubstituted by 34/2016 s 61(3)\ns 72(3)\namended by 34/2016 s 61(4)\ns 73\nsubstituted by 34/2016 s 62\ns 74\n\ns 74(1)\n\namended by 34/2016 s 63(1)\ns 74(3)\nsubstituted by 34/2016 s 63(2)\ns 75\n\ns 75(2)\namended by 34/2016 s 64(1), (2)\ns 75(4)\nsubstituted by 34/2016 s 64(3)\ns 75(5)\n\ninterstate authorised mental health professional\n\ninterstate authorised health professional amended to read interstate authorised mental health professional by 34/2016 s 64(4)\ns 76\n\ns 76(1)\n\namended by 34/2016 s 65(1)—(3)\ns 76(2a) and (2b)\ninserted by 34/2016 s 65(4)\ns 76(4)\namended by 34/2016 s 65(5)\ns 76(5)\nsubstituted by 34/2016 s 65(6)\ns 76(6)\namended by 34/2016 s 65(7)\ns 77\n\ns 77(1)\namended by 34/2016 s 66(1)\ns 77(3)\namended by 34/2016 s 66(2)\ns 77(4)\nsubstituted by 34/2016 s 66(3)\ns 77(5)\namended by 34/2016 s 66(4)\ns 78\n\ns 78(2)\nsubstituted by 34/2016 s 67\nPt 11\n\nDiv 1 heading\n deleted by 26/2014 s 120\ns 79\n\ns 79(1)\n\n(a) deleted by 34/2016 s 68(1)\n\namended by 34/2016 s 68(2)\ns 79(2)\n\ns 79(3) and (4)\ns 79(5)\ninserted by 26/2014 s 121(2)\ns 80\n\ns 80(1) and (2)\n\namended by 26/2014 s 122\ns 80(3)\namended by 26/2014 s 122\nDiv 2 heading\ndeleted by 26/2014 s 123\ns 81\n\ns 81(1)\n\namended by 26/2014 s 124(1), (2)\n\namended by 34/2016 s 69(1)\ns 81(1a)\ninserted by 26/2014 s 124(3)\n\ndeleted by 34/2016 s 69(2)\ns 81(2)\namended by 26/2014 s 124(4), (5)\ns 81(2a)\ninserted by 26/2014 s 124(6)\n\namended by 34/2016 s 69(3)\ns 81(2b)—(2d)\ninserted by 51/2017 s 179\ns 81(3)\namended by 26/2014 s 124(7), (8)\ns 81(4)\nsubstituted by 26/2014 s 124(9)\n\ndeleted by 34/2016 s 69(4)\ns 81(5)\n\namended by 26/2014 s 124(10)—(12)\n\ndeleted by 34/2016 s 69(4)\ns 82\ndeleted by 26/2014 s 125\ns 83\n\ns 83(1)\namended by 26/2014 s 126(1), (2)\ns 83(2)\namended by 26/2014 s 126(3)\ns 83(3)\namended by 26/2014 s 126(4)\ns 83A\ninserted by 26/2014 s 127\ns 84\nsubstituted by 26/2014 s 127\ns 84(1)\namended by 4/2023 s 29\n22.6.2023\ns 85\ndeleted by 26/2014 s 127\nPt 11A\ninserted by 26/2014 s 127\ns 85\n\ns 85(1)\namended by 34/2016 s 70\nPt 12\n\nPt 12 Div 1\n\ns 86\namended by 64/2017 s 122\n22.10.2018\n\namended by 25/2025 Sch 2 cl 31\nuncommenced—not incorporated\nPt 12 Div 2\n\ns 90\n\ns 90(1)\n\namended by 34/2016 s 71(1)—(3)\ns 90(2)\namended by 34/2016 s 71(4)\ns 90(3)\namended by 69/2025 s 62(1), (2)\ns 90(4)\namended by 69/2025 s 62(3), (4)\ns 90(5)\ninserted by 34/2016 s 71(5)\n\namended by 69/2025 s 62(5), (6)\ns 90(6) and (7)\ninserted by 34/2016 s 71(5)\ns 92\n\ns 92(1)\n\namended by 34/2016 s 72\nPt 12 Div 3\n\ns 93\n\ns 93(1)\namended by 34/2016 s 73(1)\ns 93(2)\namended by 34/2016 s 73(2), (3)\ns 93(3)\ninserted by 34/2016 s 73(4)\nPt 12 Div 4\n\nsubstituted by 34/2016 s 74\ns 94\n\ns 94(1)\namended by 34/2016 s 75(1), (2)\ns 94(2)\namended by 34/2016 s 75(3), (4)\ns 94(3)\ninserted by 34/2016 s 75(5)\ns 95\n\ns 95(1)\namended by 34/2016 s 76(1), (2)\ns 95(2)\namended by 34/2016 s 76(3)\nPt 12 Div 5\n\ns 96\n\ns 96(1)\namended by 34/2016 s 77(1)\ns 96(2)\namended by 34/2016 s 77(2), (3)\ns 97\n\ns 97(1)\namended by 34/2016 s 78(1)\ns 97(2)\namended by 34/2016 s 78(2), (3)\ns 97A\ninserted by 34/2016 s 79\ns 98 before deletion by 34/2016\n\ns 98(1)\ns 98\ndeleted by 34/2016 s 80\ns 99 before deletion by 34/2016\n\ns 99(1) and (2)\ns 99\ndeleted by 34/2016 s 80\nPt 13\n\ns 101\n\ns 101(2)\namended by 26/2012 s 7\n\namended by 26/2014 s 128\ns 102\n\ns 102(1), (3) and (4)\namended by 34/2016 s 81\ns 102(5)\ns 103\n\namended by 34/2016 s 82\ns 104\ns 105\ndeleted by 9/2010 s 3\ns 106\n\ns 106(1)\namended by 21/2021 Sch 1 cl 1(1)\n\namended by 69/2025 s 63(1), (2)\ns 106(2)\namended by 21/2021 Sch 1 cl 1(2)\n\namended by 69/2025 s 63(3)—(5)\ns 106(4)\ns 106(5)\n\nlegal practitioner\ninserted by 69/2025 s 63(6)\npersonal representative\ninserted by 69/2025 s 63(7)\nSouth Australia Police\ninserted by 69/2025 s 63(7)\ns 107\n\ns 107(2) and (3)\namended by 26/2014 s 129\ns 108\namended by 26/2014 s 130\ns 109\n\n(f) deleted by 34/2016 s 83\ns 111\namended by 34/2016 s 84\nSch 2\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\nTransitional etc provisions associated with Act or amendments\nMental Health (Inpatient) Amendment Act 2012, Sch 2—Transitional provisions\n1—Level 1 detention and treatment order\nA level 1 detention and treatment order in force immediately before the commencement of this clause continues in force as a level 1 inpatient treatment order, subject to the provisions of the Mental Health Act 2009.\n2—Level 2 detention and treatment order\nA level 2 detention and treatment order in force immediately before the commencement of this clause continues in force as a level 2 inpatient treatment order, subject to the provisions of the Mental Health Act 2009.\n3—Level 3 detention and treatment order\nA level 3 detention and treatment order in force immediately before the commencement of this clause continues in force as a level 3 inpatient treatment order, subject to the provisions of the Mental Health Act 2009.\n4—Purported detention and treatment orders after commencement\nIf a person purports, after the commencement of this clause, to make a detention and treatment order under the Mental Health Act 2009, it will be taken for the purposes of that Act to be an inpatient treatment order of the same level as the purported detention and treatment order.\nStatutes Amendment (SACAT) Act 2014\n131—Transitional provisions\n\t(1)\tIn this section—\nGuardianship Board means the Guardianship Board established under the Guardianship and Administration Act 1993;\nprincipal Act means the Mental Health Act 2009;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\n\t(2)\tThe Tribunal will conduct a review under section 15 of the principal Act in respect of any order for which notice is given on or after the relevant day.\n\t(3)\tAn order, consent or decision of the Guardianship Board under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be an order, consent or decision of the Tribunal.\n\t(4)\tA right to make any application or referral, or to seek a review or to institute an appeal, under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Guardianship Board, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(5)\tAny proceedings before the Guardianship Board under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.\n\t(6)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Guardianship Board, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Guardianship Board that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a consent), direction or order in relation to proceedings before the Guardianship Board before the relevant day (including so as to make a decision or give a consent, direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(7)\tNothing in this section affects a right to appeal to the Administrative and Disciplinary Division of the District Court against a decision, direction or order of the Guardianship Board made or given before the relevant day.\n\t(8)\tA reference in subsection (5) to proceedings before the Guardianship Board will be taken to include a reference to a review being conducted under section 79 of the principal Act.\nMental Health (Community Visitor Scheme) Amendment Act 2025, Sch 1—Transitional provision\n1—Continuation of appointments of Community Visitors\n\t(1)\tAn appointment of a person to a position of Community Visitor in force under section 50 of the Mental Health Act 2009 immediately before the commencement of this clause continues in force as if it were an appointment by the Minister under section 50A of the Mental Health Act 2009.\n\t(2)\tSubject to the Mental Health Act 2009, an appointment continued under subclause (1) has effect on the conditions, and for the remainder of the term, specified in the instrument of appointment.\nHistorical versions\n\n11.6.2011\n\n22.10.2018\n\n22.6.2023\n\n1.1.2024\n\n","sortOrder":20}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with earlier statutes (repealed Mental Health Act 1993) this Act substantially broadened and formalised the State’s mental health framework. Changes that expanded scope include: introduction of multi‑tiered community and inpatient orders and short‑term emergency orders (Parts 4–5), creation of a strong Chief Psychiatrist role with binding standards and inspection powers (ss89–90), establishment of the Prescribed Psychiatric Treatment Panel with statutory authorisation functions for neurosurgery and review functions for ECT (ss41A–41D,42–43), an expanded and formal community visitor/inspection scheme (Part 8, ss50–54A, including remote inspections by audiovisual means, s52B), specific inter‑jurisdictional transfer and transport mechanics (Part 10) and clearer offence/penalty provisions for unauthorised actions. The Act also places many operational details into delegated instruments (forms, Gazette notices, regulations) increasing administrative scope and discretion compared to a purely prescriptive predecessor. These changes move the regime from primarily clinical/board processes to a more structured statutory system with wider administrative oversight and cross‑jurisdictional powers (see transitional and amendment history summarised in the Legislative history)."},"complexity_factors":["Long Act with 13 Parts plus Schedules and many subsections (comprehensive structure across voluntary care, community orders, inpatient orders, reviews, administration and cross‑jurisdictional arrangements).","Large interpretation section with around 70 defined terms (s3) creating dense cross‑referencing throughout the Act.","Multiple nested decision pathways: Level 1/2 community orders and Level 1/2/3 inpatient orders with different makers (clinician v Tribunal), confirmation steps and expiry rules (Parts 4–5).","Frequent time‑critical steps and notices (24‑hour clinical confirmation; multiple 'within 1 business day' notification requirements to Chief Psychiatrist — e.g. ss10(5),11,22,26,42(7)).","Extensive cross‑references to external instruments and other Acts (Tribunal Act, Health Care Act, Advance Care Directives Act, Police Act) and to regulations and Gazette notices (ss41A,90,110).","High level of delegated administrative discretion (Chief Psychiatrist powers to determine authorised practitioners, treatment centres, issue binding standards; delegation powers for Minister/Chief Executive) (ss89–97A,87–88,91).","Multiple protective mechanisms and exceptions (consent pathways for ECT/neurosurgery, urgent‑treatment exceptions, Schedule 1 exclusions) creating conditional logic (ss42,43,5A,Schedule 1).","Prescribed Psychiatric Treatment Panel and special procedures for ECT/neurosurgery add procedural complexity and specialist review requirements (ss41A–41D,42–43).","Inter‑jurisdictional provisions (Part 10) add coordination complexity: Ministerial agreements, interstate authorised officers, transfer and transport rules and different time limits for temporary powers (ss62–69,70–78).","Detailed offences and penalties scattered throughout (e.g. unauthorized treatments, obstructing officers, publication prohibitions) requiring compliance monitoring (ss42(8),43(3),60,107)."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Sets out how South Australia can provide treatment, care and rehabilitation to people with a mental illness, and the limited powers to require treatment when voluntary care is not practicable (see Objects, s6).\n- Creates two kinds of compulsory community orders (Level 1 and Level 2) and three levels of inpatient orders (Level 1, 2 and 3) with specified grounds, time limits and procedures for making, confirming, varying and revoking those orders (Parts 4 and 5; e.g. ss10,16,21,25,29).\n- Authorises particular classes of people (medical practitioners, authorised mental health professionals, authorised officers, police) to examine, detain, transport and, where permitted, treat people who have or appear to have a mental illness, including using restraint or drugs where reasonably required (ss54A–57, 34A).\n- Requires rapid clinical confirmation checks after short-term orders (e.g. Level 1 community and Level 1 inpatient orders must be examined and confirmed by another psychiatrist or authorised medical practitioner within 24 hours) and sets fixed maximum durations for orders (ss10(4)–(5),21(4)–(5),25(6),29(5)).\n- Establishes an independent review process through the South Australian Civil and Administrative Tribunal (Tribunal) for Level 2 community orders and Level 3 inpatient orders and for reviews and appeals generally, and provides who may apply for reviews (Part 11; ss16,29,79–81,83).\n- Creates statutory roles and administrative powers: Chief Psychiatrist (monitoring, issuing binding standards, notifications, inspections), Minister and departmental delegations, and a Prescribed Psychiatric Treatment Panel for oversight of high‑risk treatments (Part 12; ss89–92; Part 7; ss41A–41D).\n- Regulates certain high‑risk treatments (electro‑convulsive therapy (ECT), neurosurgery for mental illness and other treatments designated by regulation), with consent rules, Tribunal or substitute decision‑maker routes, reporting and criminal penalties for unlawful administration (ss42–44, 43(1)).\n- Provides patient safeguards: written statements of rights, interpreter assistance, support persons, community visitors and inspection regimes, limits on use of restrictive practices and an explicit prohibition on spit hoods (ss9,12,45–48A,50–54,34A).\n- Includes confidentiality, publication restrictions, evidentiary presumptions, offences and penalties, and provisions for inter‑jurisdictional cooperation and transfer of patients (ss106–109; Part 10).\n\n**Who it affects**\n\n- People with a mental illness who may receive voluntary or compulsory mental health services (definition and scope at ss3,6,7, Parts 3–6).\n- Medical practitioners, psychiatrists and other authorised mental health professionals who may make orders, authorise treatment, or be designated as authorised practitioners (ss10,21,93–95).\n- Chief Psychiatrist and Tribunal: decision‑makers, reviewers and oversight bodies (ss11,14,17,89–92,79–81).\n- Authorised officers (mental health clinicians, ambulance officers and other classes) and police who may be asked to take action under the Act (ss3,54A,55–57).\n- Directors of treatment centres and treatment facilities (public and private) required to admit and manage involuntary patients, implement treatment and comply with binding standards (ss33,96–97A,90(3)).\n- Families, carers, guardians and substitute decision‑makers who receive notifications and may be involved in consent and review processes (multiple provisions, e.g. ss9(3)–(4),42(1)).\n\n**Why it matters (policy purpose and a quick test of trade‑offs)**\n\n- The Act’s stated purpose is to provide high‑quality treatment and rehabilitation for people with severe mental illness while preserving rights and dignity where consistent with protection and service delivery (s6). The main mechanisms are: (a) authorising short emergency orders and layered longer orders, (b) central clinical oversight and reporting, and (c) formal review and appeal rights (Parts 4–5, Part 12, Part 11).\n\n- Costs and who pays: The State bears the administrative and treatment costs (hospital beds, clinicians, Chief Psychiatrist office, Tribunal sittings, transport and police support). Regulations permit recovery of some fees for accommodation, exams and ambulance services (s110(2)(b)–(d)). Compliance costs fall on treatment centres and clinicians (record‑keeping, notifications required within tight timeframes—e.g. 1 business day notices to the Chief Psychiatrist: ss11,17,22,26,42(7),43(1a)).\n\n- Incentives created: The framework grants clinical actors and the Chief Psychiatrist decisive powers to detain, treat and inspect, and gives the Tribunal a reviewing role. That concentrates decision authority in clinicians and administrative officials (ss10,21,89,90). Those authorities face incentives to use the statutory tools to manage risk but must meet notification, reporting and review checks. Treatment centres must admit involuntary patients and follow clinical orders (s33).\n\n- Trade‑offs and opportunity costs: Faster clinical detention and treatment (short Level 1 orders) trade individual liberty for rapid intervention (ss10(4)–(5),21(4)–(5)). The Act requires monitoring and reporting that increase administrative overhead and diversion of clinical time to statutory processes (ss14,19,58A,92). Binding standards and inspection powers (s90(2)–(6)) impose operational constraints on private hospitals (s90(3)(b)).\n\n- Implementation and operational risks: success depends on available approved treatment centres and authorised staff; the Act assumes those resources exist or can be deputed interstate (Part 10). Cross‑jurisdictional transfers require Ministerial agreements and interstate cooperation, adding coordination risk and delay (ss62–63, Part 10). Short statutory deadlines for notification and confirmation create operational pressure on clinicians and administrators (e.g. 24‑hour confirmation; multiple 1 business day notices).\n\n- Compliance burden and bureaucratic discretion: Many procedural requirements are delegated to forms, Gazette notices and Chief Psychiatrist determinations (see repeated references to \"form approved by the Chief Psychiatrist\" throughout Parts 4–5; s93–97A). That centralises discretion in the Chief Psychiatrist for who is authorised, which places and practitioners may operate, and what standards bind hospitals (ss93–97A,90). The Act permits wide delegation by the Minister, Chief Executive and Chief Psychiatrist (ss87–88,91).\n\n- Effects on private choice, markets and speech: Private hospitals and independent practitioners are brought within the Act’s standards when providing mental health services (s90(3)(b)); authorised practitioner status is a state designation (s93) that may affect how private clinicians operate in involuntary care pathways. The Act limits publication of Tribunal proceedings and sensitive patient information (ss107,106), which constrains reporting but protects privacy. Schedule 1 prevents certain expressions or behaviours from automatically being treated as signs of mental illness, which protects freedom of belief and expression from being used as grounds for orders.\n\n**Who decides, who pays, and what behaviours change (short)**\n\n- Who decides: medical practitioners/authorised mental health professionals, the Chief Psychiatrist, the Tribunal and (to a degree) the Minister through appointments, standards and regulations (see ss10,21,89–92,16,29,110).\n- Who pays: principally the State (treatment centres, Tribunal), with limited recoverable fees permitted under regulation (s110(2)(b)–(d)).\n- Behaviour changes: clinicians can detain and treat without consent in specified circumstances; treatment centres must admit involuntary patients, comply with binding standards and fast reporting; police and authorised officers will be used to execute transport and assistance requests; patients gain statutory rights to notices, advocates and reviews but may have liberty restricted under orders.\n\n**Key practical points to watch in operation**\n\n- Quick timelines for clinical confirmation and multiple short‑term orders create substantial administrative workload and require 24‑hour clinical availability (ss10(5),21(5)).\n- The Chief Psychiatrist has broad operational control by way of authorisations, binding standards and inspection powers; many procedural details are left to forms and Gazette notices (ss89–91,93–97A). This centralisation reduces legal drafting detail but increases administrative discretion.\n- Regulation‑making power can add further controls (designating other prescribed psychiatric treatments, fee recovery rules), so parts of the regime are designed to be fleshed out by subordinate instruments (ss44(1),110)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1096},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2009 form. Major additions include: the Prescribed Psychiatric Treatment Panel and enhanced regulation of ECT/neurosurgery (2016); the community visitor scheme with electronic inspection powers (2016, expanded 2021, 2025); detailed interstate transfer arrangements (2016); spit hood prohibition (2021); and integration with the SACAT tribunal system replacing the former Guardianship Board (2014). The 2016 amendments in particular added substantial new protective mechanisms and administrative structures that go well beyond the original framework of treatment orders."},"complexity_factors":["Multiple nested levels of treatment orders (Level 1, 2, 3) with different decision-makers, time limits and review mechanisms","Extensive cross-referencing between Parts — for example, community treatment orders (Part 4) interact with inpatient orders (Part 5), which interact with treatment plans (Part 6) and reviews (Part 11)","47+ defined terms in section 3, many of which are themselves defined by reference to other Acts (e.g., 'medical practitioner' refers to the Health Practitioner Regulation National Law)","Conditional logic throughout — for example, different rules apply depending on patient age (under 16 vs 16+), decision-making capacity, whether orders are made by doctors vs Tribunal, and whether treatment is urgent","Multiple exceptions to general rules — for example, prescribed psychiatric treatments (ECT, neurosurgery) have entirely separate consent requirements that override the general treatment provisions","Interstate provisions (Part 10) create complex parallel systems where South Australian and interstate orders interact, with modified powers and time-limited transitional arrangements","Substantial amendment history with transitional provisions spread across multiple amending Acts, creating layering effects","Form and notification requirements are highly prescriptive — specific forms approved by Chief Psychiatrist, specific timeframes (often '1 business day'), and specific hierarchies of people to notify"],"plain_english_summary":"This is South Australia's main law governing how people with severe mental illness can be treated, cared for and rehabilitated — with the ultimate goal of helping them recover.\n\n**What it does in simple terms:**\n\nThe Act creates a **tiered system of treatment orders** that allow health professionals to require someone to receive mental health treatment, even if they don't consent. These range from less restrictive **community treatment orders** (where you stay at home but must attend appointments and take medication) to more restrictive **inpatient treatment orders** (where you can be admitted to and held in a psychiatric facility).\n\n**The three main types of orders:**\n\n- **Level 1 orders** — made by doctors or authorised mental health professionals, last up to 42 days (community) or 7 days (inpatient), and must be confirmed by a psychiatrist\n- **Level 2 orders** — made by the South Australian Civil and Administrative Tribunal (SACAT), last up to 12 months (6 months for children), and can be reviewed\n- **Level 3 orders** — also made by SACAT, for longer-term inpatient care, lasting up to 12 months\n\n**Key protections built in:**\n\n- **Decision-making capacity** is presumed unless proven otherwise — the Act sets out specific tests for when someone can't make their own treatment decisions\n- **Least restrictive principle** — treatment must happen in the least restrictive way possible\n- **Statements of rights** must be given to patients explaining their legal rights\n- **Community visitors** can inspect facilities and advocate for patients\n- **Reviews and appeals** — patients can have orders reviewed by SACAT and can appeal decisions\n- **Special rules for children** — different time limits and parental involvement requirements\n\n**Serious treatments need extra safeguards:**\n\n- **Electro-convulsive therapy (ECT)** — needs consent (from patient, guardian or SACAT), limited to 12 episodes per course, with criminal penalties for unauthorised use\n- **Neurosurgery** — requires authorisation by a special Panel including psychiatrists, a neurosurgeon, a lawyer, a bioethicist, and consumer/carer representatives\n- **Spit hoods are banned** — criminal offence to use them\n\n**Who can be involved:**\n\n- **Chief Psychiatrist** — oversees the whole system, monitors compliance, can issue standards\n- **Authorised officers** — mental health clinicians, ambulance officers and others who can transport and restrain patients\n- **Police** — have powers to take people into care if they appear to have mental illness and pose a risk\n- **Guardians, carers, relatives and friends** — must be notified of orders where possible and can support patients\n\n**Interstate arrangements:**\n\nThe Act allows for patients to be transferred between South Australia and other states/territories, and for treatment orders made elsewhere to be recognised and enforced here.\n\n**Why it matters:**\n\nThis law balances two competing needs: ensuring people with severe mental illness get treatment that could save their lives or protect others, while protecting their fundamental rights and freedoms. It recognises that involuntary treatment is a serious restriction on liberty and sets up multiple checks and balances to prevent abuse."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrieved. The submission contains only a 'Page Not Found' error from the South Australian legislation website."},"complexity_factors":["No legislative text was retrieved — only a website error page was provided","No provisions, schedules, definitions, or operative clauses are available for analysis","Complexity cannot be meaningfully assessed without source material"],"plain_english_summary":"The Mental Health Act 2009 (SA) sets the legal framework for assessing, treating and, where necessary, detaining people with serious mental illness in South Australia. It defines patient rights, the powers of clinicians and authorised officers, and oversight by bodies such as the Mental Health Review Tribunal — affecting patients, families, health professionals and legal/administrative decision‑makers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/mental-health-act-2009","history":"/api/acts/mental-health-act-2009/history","analysis":"/api/acts/mental-health-act-2009/analysis","conflicts":"/api/acts/mental-health-act-2009/conflicts","importantCases":"/api/acts/mental-health-act-2009/important-cases","documents":"/api/acts/mental-health-act-2009/documents"}}