South Australian Consolidated Acts South Australian Consolidated Acts32—Special powers to place and detain etc protected persons
(1) The Board, on
application made by the guardian of a protected person—
(a) may,
by order, direct that the protected person reside—
(i)
with a specified person or in a specified place; or
(ii)
with such person or in such place as the guardian from
time to time thinks fit,
according to the terms of the Board's order; and
(b) may,
by order, authorise the detention of the protected person in the place in
which he or she will so reside; and
(c) may,
by order, authorise the persons from time to time involved in the care of the
protected person to use such force as may be reasonably necessary for the
purpose of ensuring the proper medical or dental treatment, day-to-day care
and well-being of the person.
(1a) An application
made by a person under this section may be heard at the same time as his or
her application for appointment as guardian.
(2) The Board cannot
make an order under subsection (1) unless it is satisfied that, if such
an order were not to be made and carried out, the health or safety of the
protected person or the safety of others would be seriously at risk.
(3) Nothing in this
section empowers the placement or detention of a protected person in—
(a) a
correctional institution or any other place in which persons charged with or
convicted of offences may be detained; or
(b) any
part of an approved treatment centre under the Mental Health Act 1993
that is set aside for the treatment of persons with a mental illness.
(4) While an order for
the placement or detention of a protected person is in force under this
section—
(a) the
guardian or a member of the police force may enter any premises and take the
protected person, or cause him or her to be taken, using only such force as is
reasonably necessary for the purpose, to the place in which he or she is to be
placed or detained, and any person who assists the guardian or member of the
police force in the matter incurs no liability for doing so; and
(b) the
person in charge of the premises in which a protected person is being detained
pursuant to the order may take, or cause to be taken, such action as is
reasonably necessary for the purpose of preventing the protected person from
leaving the premises or for bringing the person back should he or she leave
without lawful authority or excuse; and
(c) any
person who takes any such action under paragraph (b) in good faith and
with the authority of the person in charge of the premises incurs no liability
for doing so.
(5) The Board may, on
an application under this Division, vary or revoke an order under this
section.
(6) Where a member of
the police force has reasonable cause to believe that a person who is being
detained in any place pursuant to powers conferred under this section is
unlawfully at large, the member may, without warrant, enter any place in which
he or she believes on reasonable grounds that the protected person may be and
apprehend the person, using only such force as is reasonably necessary for the
purpose, and may return the person to the place in which he or she is being so
detained.
(7) A person who,
without lawful authority or excuse, removes a person who is being detained in
any place pursuant to powers conferred under this Act from that place, or aids
or abets the person unlawfully to leave that place, is guilty of an offence.
Maximum penalty: $10 000.