South Australian Consolidated Acts

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MENTAL HEALTH ACT 1993 - SECT 12

12—Orders for admission and detention

        (1)         If, after examining a person, a medical practitioner is satisfied—

            (a)         that the person has a mental illness that requires immediate treatment; and

            (b)         that such treatment is available in an approved treatment centre; and

            (c)         that the person should be admitted as a patient and detained in an approved treatment centre in the interests of his or her own health and safety or for the protection of other persons,

the medical practitioner may make an order for the immediate admission and detention of the person in an approved treatment centre.

        (2)         An order under subsection (1), unless earlier revoked, expires three days after the day on which it is made.

        (3)         A person admitted and detained in an approved treatment centre pursuant to an order under subsection (1) must be examined by a psychiatrist—

            (a)         if it is practicable for the examination to take place within 24 hours of admission—within that period; or

            (b)         if it is not practicable for an examination to take place within 24 hours of admission—as soon as practicable after admission.

        (4)         When the psychiatrist has completed the examination—

            (a)         he or she must, if not satisfied that the continued detention of the patient is justified, revoke the order; or

            (b)         he or she may, if satisfied that the continued detention of the patient is justified, confirm the order.

        (5)         If an order for detention has been confirmed under subsection (4), a psychiatrist may, before the order expires and after examination of the patient (which should be carried out during the 24 hours prior to that expiry), make an order for the further detention of the patient for a period not exceeding 21 days commencing on that expiry.

        (6)         A further order (but one only) may be made for the detention of the patient for a period not exceeding 21 days commencing on the expiry of the order under subsection (5), if two psychiatrists (only one of whom may be one of the psychiatrists who made the orders under subsections (1) and (5)) think it is justified after each has separately examined the patient.

        (7)         An order cannot be made under subsection (1) in relation to a patient who is being detained pursuant to an order under subsection (5) or (6).

        (8)         The director of an approved treatment centre in which a patient is detained pursuant to an order made under subsection (5) or (6) may revoke that order at any time during the period for which it is effective.

        (9)         A psychiatrist who makes an order for detention under subsection (5) or (6) must forthwith furnish the director of the treatment centre with a written report of the results of his or her examination of the patient and of the grounds on which the order was made.

        (10)         On receiving a report under subsection (9) the director must forward a copy of the report to the Board.



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