Part 12Administration

Part 12—Administration Division 1—Minister and Chief Executive 86—Minister's functions The Minister has the following functions for the purposes of this Act: (a) to 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; (b) to 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; (c) to 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; (d) to develop or promote services that aim to prevent mental illness and intervene early when mental illness is evident; (e) to 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; (f) to develop or promote appropriate education and training programmes, and effective systems of accountability, for persons delivering mental health services; (g) to promote services in the non‑government sector that are designed to assist persons with mental illness; (h) to develop or promote programmes to reduce the adverse impact of mental illness on family and community life; (i) any other functions assigned to the Minister by this Act. 87—Delegation by Minister (1) The 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. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. 88—Delegation by Chief Executive (1) The 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. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. Division 2—Chief Psychiatrist 89—Chief Psychiatrist (1) There will be a position of Chief Psychiatrist. (2) The Governor may appoint a senior psychiatrist to the position of Chief Psychiatrist. (3) The terms and conditions of appointment to the position of Chief Psychiatrist will be as determined by the Governor. 90—Chief Psychiatrist's functions (1) The Chief Psychiatrist has the following functions: (a) to promote continuous improvement in the organisation and delivery of mental health services in South Australia; (b) to monitor the treatment of voluntary inpatients and involuntary inpatients, and the use of restrictive practices in relation to such patients; (c) to monitor the administration of this Act and the standard of mental health care provided in South Australia; (d) to 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; (e) any other functions assigned to the Chief Psychiatrist by this Act or any other Act or by the Minister. (2) The Chief Psychiatrist may issue standards that are to be observed in the care or treatment of patients. (3) Any standards issued by the Chief Psychiatrist under this section will be— (a) binding on any incorporated hospital; and (ab) binding on any incorporated health service; and (b) binding as a condition of the licence in force in respect of any private hospital premises under Part 10 of the Health Care Act 2008. (4) The Chief Psychiatrist will— (a) have the authority to conduct inspections of the premises and operations of any incorporated hospital; and (ab) have the authority to conduct inspections of the premises and operations of any incorporated health service; and (b) be taken to be an inspector under Part 10 of the Health Care Act 2008. (5) For 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— (a) inspect the premises or any equipment or other thing on the premises; and (b) require any person to produce any documents or records; and (c) examine any documents or records and take extracts from, or make copies of, any of them. (6) A person must not refuse or fail to comply with a requirement made under subsection (5). Maximum penalty: $10 000. (7) A person must not hinder or obstruct the Chief Psychiatrist in the exercise by the Chief Psychiatrist of the powers conferred by subsection (5). Maximum penalty: $10 000. 91—Delegation by Chief Psychiatrist (1) The 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. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. 92—Annual report of Chief Psychiatrist (1) The Chief Psychiatrist must, before 30 September in each year, present a report to the Minister containing— (aa) in respect of the administrative functions conferred on the Chief Psychiatrist under this Act—information about how the Chief Psychiatrist has performed those functions; and (a) in respect of each level of community treatment order and inpatient treatment order— (i) information about the number and duration of the orders made or in force during the preceding financial year; and (ii) demographic information about the patients, including information about areas of residence and places of treatment; and (b) in respect of the administration of Part 10 (Arrangements between South Australia and other jurisdictions)— (i) a statement of the number of occasions during the preceding financial year on which powers have been exercised under each of the following provisions: (A) section 66(1) (South Australian community treatment orders and treatment in other jurisdictions); (B) section 69 (Making of South Australian community treatment orders when interstate orders apply); (C) section 70(1) (Transfer from South Australian treatment centres); (D) section 71 (Transfer to South Australian treatment centres); (E) section 74(1) (Transport to other jurisdictions when South Australian inpatient treatment orders apply); (F) section 75(2) (Transport to other jurisdictions of persons with apparent mental illness); (G) section 76(1) or (4) (Transport to other jurisdictions when interstate inpatient treatment orders apply); (H) section 77(1) or (3) (Transport to South Australia when South Australian inpatient treatment orders apply); (I) section 78 (Transport to South Australia of persons with apparent mental illness); and (ii) information about the circumstances in which the powers were exercised. (2) The 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. Division 3—Authorised medical practitioners 93—Authorised medical practitioners (1) The 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. (b) by subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section. (3) The Chief Psychiatrist must cause records to be kept and maintained of— (a) each medical practitioner, or medical practitioner or a class, who has been determined to be an authorised medical practitioner under this section; and (b) the conditions or limitations attached to each such determination. Division 4—Authorised mental health professionals 94—Authorised mental health professionals (1) The 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. (b) by subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section. (3) The Chief Psychiatrist must cause records to be kept and maintained of— (a) each specified person, or person of a specified class, who has been determined to be an authorised mental health professional under this section; and (b) the conditions or limitations attached to each such determination. 95—Code of practice for authorised mental health professionals (1) The 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. (2) The Chief Psychiatrist may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1). Division 5—Treatment centres 96—Approved treatment centres (1) The 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. (b) by subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section. 97—Limited treatment centres (1) The 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. (b) by subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section. 97A—Authorised community mental health facilities (1) The 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. (b) by subsequent notice in the Gazette, vary or revoke a determination under this section or a condition or limitation of a determination under this section. 100—Delegation by directors of treatment centres (1) The 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. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.