1Mental Health Regulations 2025

South Australia Mental Health Regulations 2025 under the Mental Health Act 2009

Contents 1 Short title 3 Interpretation 4 Statement of rights (sections 9, 12, 23, 27, 37 and 46 of Act) 4A Visits to and inspection of residential authorised community mental health facilities (section 52A(1) of Act) 5 Notification to Commissioner of Police of action taken under Act (section 57(10) of Act) 6 Arrangements between South Australia and other jurisdictions (Part 10 of Act) 7 Scale of legal practitioner fees (section 84(3) of Act) Legislative history

1—Short title These regulations may be cited as the Mental Health Regulations 2025. 3—Interpretation In these regulations— Act means the Mental Health Act 2009. 4—Statement of rights (sections 9, 12, 23, 27, 37 and 46 of Act) (1) A statement of rights given under section 9 of the Act to a voluntary patient must contain— (a) an explanation of the circumstances in which a community treatment order or an inpatient treatment order may be made; and (b) an explanation of the effect of Part 6 of the Act; and (c) an explanation of the effect of section 106 of the Act; and (d) any other information required to be included by the Minister. (2) A statement of rights given under section 12 of the Act to a patient as soon as practicable after the making of a level 1 community treatment order must contain— (a) an explanation of the circumstances in which an inpatient treatment order may be made; and (b) an explanation of the effect of section 106 of the Act; and (c) any other information required to be included by the Minister. (3) A statement of rights given under section 23 of the Act to a patient as soon as practicable after the making of a level 1 inpatient treatment order must contain— (a) an explanation of the powers that may be exercised in relation to the patient if the patient is absent without leave; and (b) an explanation of the effect of section 106 of the Act; and (c) any other information required to be included by the Minister. (4) A statement of rights given under section 27 of the Act to a patient as soon as practicable after the making of a level 2 inpatient treatment order must contain— (a) an explanation of the powers that may be exercised in relation to the patient if the patient is absent without leave; and (b) an explanation of the effect of Part 6 of the Act; and (c) an explanation of the effect of section 106 of the Act; and (d) any other information required to be included by the Minister. (5) A statement of rights given under section 37 of the Act to an involuntary inpatient before commencing a leave of absence must contain— (a) an explanation of the effect of section 38 of the Act; and (b) an explanation of the powers that may be exercised in relation to the patient if the patient is absent without leave; and (c) any other information required to be included by the Minister. (6) A statement of rights given under section 46 of the Act to a patient as soon as practicable after the making by the Tribunal of an order or decision under the Act in respect of the patient must contain information required to be included by the Minister. 4A—Visits to and inspection of residential authorised community mental health facilities (section 52A(1) of Act) Pursuant to section 52A(1)(a)(i) of the Act, the following residential authorised community mental health facilities must be visited and inspected at least once in every 2 month period: (a) Northgate House (Beachside and Woodland wards); (b) the Repat Neuro‑Behavioural Unit. 5—Notification to Commissioner of Police of action taken under Act (section 57(10) of Act) Notification under section 57(10) of the Act to the Commissioner of Police of action taken under the Act in relation to a person who has been arrested for an offence and released from police custody for the purpose of medical examination or treatment under the Act must be given as soon as practicable after the action is taken in accordance with the following requirements: (a) if a community treatment order is made in respect of the person as a result of the examination—the notification must include details of the type of order and its duration; (b) if an inpatient treatment order is made in respect of the person as a result of the examination or before the expiry of such an order made as a result of the examination—the notification must include details of the type of order and its duration and specify the treatment centre at which the person is an involuntary inpatient; (c) if the person is subsequently transferred to another treatment centre—the notification must specify the treatment centre to which the person is transferred. 6—Arrangements between South Australia and other jurisdictions (Part 10 of Act) For the purposes of paragraph (b) of the definition of corresponding law in section 61 of the Act, the following are declared to be corresponding laws: (a) the Mental Health and Related Services Act 1998 of the Northern Territory; (b) the Mental Health Act 2007 of New South Wales; (c) the Mental Health and Wellbeing Act 2022 of Victoria; (d) the Mental Health Act 2015 of the Australian Capital Territory; (e) the Mental Health Act 2016 of Queensland; (f) the Mental Health Act 2013 of Tasmania; (g) the Mental Health Act 2014 of Western Australia. 7—Scale of legal practitioner fees (section 84(3) of Act) A legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person under section 84 of the Act is entitled to receive fees for their services from the Minister in accordance with the scale prescribed by fee notice. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation revoked by principal regulations The Mental Health Regulations 2025 revoked the following: Mental Health Regulations 2010 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2025 89 Gazette 14.8.2025 p3320 14.8.2025: r 2 2025 111 Gazette 30.10.2025 p4286 30.10.2025: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 30.10.2025 r 4A inserted by 111/2025 r 3 30.10.2025 Sch 1 omitted under Legislation Revision and Publication Act 2002 30.10.2025