South Australian Consolidated Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 15

15—Board may require reports

        (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.



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