Part 13Miscellaneous

Part 13—Miscellaneous 101—Errors in orders etc (1) A 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. (2) Without 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. 102—Offences relating to authorisations and orders (1) A 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. (2) Subsection (1) does not apply to action of the Chief Psychiatrist under section 69. (3) A medical practitioner or authorised mental health professional who— (a) certifies that a person has a mental illness, not believing the person to have a mental illness; or (b) makes 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, is guilty of an offence. (4) A person who, not being a medical practitioner or authorised mental health professional— (a) signs 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 (b) otherwise purports to act under this Act in the capacity of a medical practitioner or authorised mental health professional, is guilty of an offence. (5) A 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. 103—Medical practitioners or health professionals not to act in respect of relatives A 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. 104—Removing inpatients from treatment centres A person must not, without lawful excuse, remove an involuntary inpatient from a treatment centre, or aid such a patient to leave the centre. 106—Confidentiality and disclosure of information (1) Subject 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— (a) the Chief Executive; or (b) in 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). (2) Subsection (1) does not prevent a person from— (a) disclosing 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 (b) disclosing 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 (c) disclosing information to a relative, carer or friend of the person to whom the information relates if— (i) the disclosure is reasonably required for the treatment, care or rehabilitation of the person; and (ii) there is no reason to believe that the disclosure would be contrary to the person's best interests; or (d) subject to the regulations (if any)— (i) disclosing 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 (ii) disclosing 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 (iii) disclosing 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 (e) disclosing 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 (f) disclosing 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 (fa) disclosing 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 (fb) disclosing 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 (fc) disclosing 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 (fd) disclosing 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 (g) disclosing information in accordance with the regulations. (3) Subsection (2)(c) does not authorise the disclosure of personal information in contravention of a direction given by the person to whom the information relates. (4) Subsection (3) does not apply to a person to whom a community treatment order or inpatient treatment order applies. (5) In this section— legal practitioner has the same meaning as in the Legal Practitioners Act 1981; personal 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; personal representative, of a person, means— (a) a guardian of the person; or (b) a medical agent of the person; or (c) a substitute decision-maker for the person (within the meaning of the Advance Care Directives Act 2013); South Australia Police has the same meaning as in the Police Act 1998. 107—Prohibition of publication of reports of proceedings (1) Subject to subsection (2), a person must not publish a report of any proceedings under this Act. (2) The 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. (3) A 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. 108—Requirements for notice to Tribunal or Chief Psychiatrist A 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. Maximum penalty: $1 250. 109—Evidentiary provision In any legal proceedings— (a) an 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; (b) an 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; (c) an 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; (d) an 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; (e) an 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; (g) an 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. 110—Regulations (1) The Governor may make any regulations that are contemplated by this Act, or are necessary or expedient for the purposes of this Act. (2) Without limiting subsection (1), the regulations may— (a) provide for the keeping of records; or (b) prescribe, and provide for the payment and recovery of, fees in respect of accommodation, treatment or other services provided at treatment centres; or (c) provide for the recovery of medical practitioners' fees on the medical examination of persons with apparent mental illness; or (d) provide for the recovery of fees for ambulance services provided in the exercise of powers under this Act; or (e) prescribe any matter relating to procedures to be adopted under this Act; or (f) prescribe a penalty not exceeding $5 000 for breach of a regulation. (3) The regulations may— (a) make different provision according to the matters or circumstances to which they are expressed to apply; and (b) provide 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. 111—Review of Act The Minister must, within 5 years after the commencement of this Act or any provision of this Act— (a) cause a report to be prepared on the operation of this Act; and (b) cause a copy of the report to be laid before each House of Parliament.