Part 10Arrangements between South Australia and other jurisdictions

Part 10—Arrangements between South Australia and other jurisdictions Division 1—Preliminary 61—Interpretation In this Part— another jurisdiction means a State (other than South Australia) or a Territory of the Commonwealth; corresponding law means a law of another jurisdiction— (a) that— (i) makes provision for the treatment and care of persons with mental illness; and (ii) corresponds (or substantially corresponds) to this Act; or (b) that is declared by the regulations to be a corresponding law for the purposes of this definition; interstate 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; interstate 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; interstate inpatient means a person admitted as a patient in an interstate treatment centre; interstate 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; interstate officer means a person on whom any power is conferred under a corresponding law; interstate 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; interstate 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; Ministerial 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; South Australian authorised officer means an authorised officer under this Act or a member of South Australia Police under the Police Act 1998; South Australian community treatment order means a community treatment order under Part 4; South Australian inpatient treatment order means an inpatient treatment order under Part 5; South Australian officer means a person on whom any power is conferred under this Act; South Australian treatment centre means a treatment centre under Part 12. 62—Ministerial agreements (1) The 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. (2) The 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. 63—Requests or approvals relating to actions involving other jurisdictions (1) If a provision of this Part provides that this subsection applies to the taking of specified action, the action may only be taken if— (a) such 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 (b) the action has been requested or approved by an interstate officer under the corresponding law of the State or Territory or the Ministerial agreement; and (c) the action is in the best interests of the patient or person in respect of whom the action is to be taken. (2) The 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— (a) there is a Ministerial agreement with a Minister of the State or Territory that contemplates, or does not disallow, such action; and (b) the 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 (c) the action is in the best interests of the patient or person in respect of whom the action is to be taken. 64—Powers of South Australian officers Subject 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. 65—Regulations may modify operation of Part The 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. Division 2—Community treatment orders 66—South Australian community treatment orders and treatment in other jurisdictions (1) A 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. (2) If 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. (3) Subject 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: (a) the person may be taken into the care and control of the officer; (b) the 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; (c) the person may be taken to an interstate treatment centre by an interstate officer and treated as an involuntary community patient there; (d) the 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. (4) Section 63(1) applies to the taking of action under subsection (1), (2) or (3). (5) The 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). (6) If 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— (b) if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9, 67—Powers of interstate officers (1) An 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. (2) Despite 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. 68—Interstate community treatment orders and treatment in South Australia (1) If 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— (a) a 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 (b) the community treatment order were to operate, despite the other provisions of this Act, for the period of operation of the interstate community treatment order. (2) If 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: (a) the person may be taken into the care and control of a South Australian authorised officer; (b) the 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; (c) the 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; (d) the 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. (3) Section 63(1) applies to the taking of action under subsection (2)(b). (4) The 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). (5) The 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). (6) The Chief Psychiatrist must ensure that, as soon as practicable after being so advised— (a) the person is given a copy of a written statement in the form approved by the Chief Psychiatrist (a statement of rights)— (i) informing the person of his or her legal rights; and (ii) containing any other information prescribed by the regulations; and (b) subject 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. (7) The following provisions apply for the purposes of subsection (6)(b): (i) a guardian, medical agent, relative, carer or friend of the person nominated by the person for the purpose; or (ii) if 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 (iii) if 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; (b) the Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Psychiatrist; (c) it 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. (8) A 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— (b) if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9, 69—Making of South Australian community treatment orders when interstate orders apply (1) If 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. (2) The Chief Psychiatrist may make the order whether or not the person resides in South Australia. (2a) The Chief Psychiatrist must ensure that, as soon as practicable after making the order— (a) the person is given a copy of— (i) the order; and (ii) a written statement in the form approved by the Chief Psychiatrist (a statement of rights)— (A) informing the person of his or her legal rights; and (B) containing any other information prescribed by the regulations; and (b) subject 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. (i) a guardian, medical agent, relative, carer or friend of the person nominated by the person for the purpose; or (ii) if 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 (iii) if 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; (b) the Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Psychiatrist; (c) it 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. (3) If 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. Division 3—Transfer to or from South Australian treatment centres 70—Transfer from South Australian treatment centres (1) The 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. (2) Section 63(1) applies to the giving of a direction under this section. (3) A direction under this section must be given by writing in the form approved by the Chief Psychiatrist. (4) The Chief Psychiatrist must— (a) subject 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 (b) if 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. (5) The following provisions apply for the purposes of subsection (4)(a): (ii) if 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 (iii) if 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; (b) the Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Psychiatrist; (c) it 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. (6) Subject 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. (7) Subsection (6) does not apply if written consent to the transfer has been given— (a) if the patient has attained 16 years of age and is capable of making decisions on his or her own behalf—by the patient; or (b) in any other case—by a person referred to in subsection (5)(a). 71—Transfer to South Australian treatment centres (1) The 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. (2) An approval under this section must be given by writing in the form approved by the Chief Psychiatrist. (2a) The Chief Psychiatrist must ensure that, as soon as practicable after the patient is admitted to the South Australian treatment centre— (a) the patient is given a copy of— (i) the order; and (ii) a written statement in the form approved by the Chief Psychiatrist (a statement of rights)— (A) informing the patient of his or her legal rights; and (B) containing any other information prescribed by the regulations; and (b) subject to subsection (2b)—a guardian, medical agent, relative, carer or friend of the patient is notified of the patient's admission. (i) a guardian, medical agent, relative, carer or friend of the person nominated by the patient for the purpose; or (ii) if 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 (iii) if 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; (b) the Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Psychiatrist; (c) it 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. (3) If 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. 72—Patient transport requests (1) If 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. (2) If 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. (3) A patient transport request must be in writing in the form approved by the Chief Psychiatrist. 73—Powers when patient transport request issued If 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)— (b) if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9, Division 4—Transport to other jurisdictions 74—Transport to other jurisdictions when South Australian inpatient treatment orders apply (1) If 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— (a) transport the person to an interstate treatment centre; or (b) deliver 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. (2) Section 63(1) applies to the taking of action under subsection (1). (3) A South Australian authorised officer or an interstate authorised officer may, for the purpose of the person's transport to an interstate treatment centre— (b) if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9, 75—Transport to other jurisdictions of persons with apparent mental illness (1) This 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. (2) The 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— (a) transport the person to an interstate treatment centre or an interstate medical practitioner or interstate authorised mental health professional; or (b) deliver 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. (3) Section 63(1) applies to the taking of action under subsection (2). (4) A 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— (b) if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9, (5) In this section— interstate 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. 76—Transport to other jurisdictions when interstate inpatient treatment orders apply (1) If 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: (a) the person may be taken into the care and control of a South Australian authorised officer; (b) the person may be transported to an interstate treatment centre by a South Australian authorised officer; (c) the 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; (d) the 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; (e) the 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. (2) Section 63(1) applies to the taking of action under subsection (1)(b) or (c). (2a) As 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— (a) the patient is given a copy of a written statement in the form approved by the Chief Psychiatrist (a statement of rights)— (ii) containing any other information prescribed by the regulations; and (b) subject to subsection (2b)—a guardian, medical agent, relative, carer or friend of the patient is notified of the person's admission. (i) a guardian, medical agent, relative, carer or friend of the patient nominated by the person for the purpose; or (ii) if 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 (iii) if 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; (b) the 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); (c) it 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. (3) Subsection (1)(e) does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993. (4) If 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. (5) A 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— (b) if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9, (6) This 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. Division 5—Transport to South Australia 77—Transport to South Australia when South Australian inpatient treatment orders apply (1) If 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. (2) Section 63(1) applies to the taking of action under subsection (1). (3) If 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— (a) transport the person to a South Australian treatment centre; or (b) deliver 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. (4) A South Australian authorised officer or an interstate authorised officer may, for the purpose of the person's transport to a South Australian treatment centre— (b) if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9, (5) This 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. 78—Transport to South Australia of persons with apparent mental illness (1) This section applies if— (a) a 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 (b) instead of action being taken for medical examination of the person under the corresponding law, the person is to be— (i) transported to a South Australian treatment centre or other place in South Australia for medical examination; or (ii) delivered 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. (2) A 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— (b) if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,