South Australian Consolidated Acts (1) The Board may
require the person the subject of proceedings before the Board to submit to
the Board within a specified time a psychiatric or psychological report as to
his or her mental capacity or a medical report as to his or her health or any
aspect of it.
(2) If a person
refuses or fails to comply with a requirement made under subsection (1)
or is incapable of complying with such a request, the Public Advocate, a
person authorised by the Minister for the purpose or a member of the police
force may enter any place where the person is reasonably believed to be and
apprehend the person, using only such force as is reasonably necessary for the
purpose, and take the person to a psychiatrist, psychologist or medical
practitioner nominated by the Board for examination and assessment, the cost
of which will be borne by the Board.
(3) The powers under
subsection (2) cannot be exercised except on the authority of a warrant
issued by the President of the Board or a Deputy President of the Board.
(4) A warrant cannot
be issued under subsection (3) unless the person issuing it is satisfied,
on information given on oath—
(a) that
reasonable grounds exist for suspecting that the person to whom the warrant
relates has a mental incapacity; and
(b) that
a warrant is reasonably required in the circumstances.
(5) The person
executing a warrant under this section may be accompanied by such assistants
as he or she considers necessary or desirable in the circumstances.
(6) A person must not
hinder or obstruct a person executing a warrant under this section, or a
person accompanying that person.
Maximum penalty: $10 000.