South Australian Consolidated Acts South Australian Consolidated Acts22—Prescribed psychiatric treatment
(1) Subject to this
section, but notwithstanding any other provision of this Act or any other Act
or law, a person must not administer prescribed psychiatric treatment to a
person who is a patient in any hospital or clinic (whether an approved
treatment centre or not)—
(a)
unless, in the case of category A treatment—
(i)
the treatment has been authorised by the person who is to
administer it and by two psychiatrists (at least one of whom is a senior
psychiatrist), each of whom has separately examined the patient; and
(ii)
the patient is capable of giving effective consent and
consents in writing to the treatment; or
(b)
unless, in the case of category B treatment—
(i)
the treatment has been authorised or, in the case of
treatment that is part of a course of treatment, the course of treatment has
been authorised, by a psychiatrist who has examined the patient; and
(ii)
the consent in writing to the treatment or course of
treatment—
(A) where the patient is capable of giving
effective consent—of the patient;
(B) where the patient is incapable of
giving effective consent and is under 16 years of age—of a guardian of
the patient;
(C) where the patient is incapable of
giving effective consent and is of or over 16 years of age—
• if the patient
(being of or over 18 years of age) has a medical agent who is reasonably
available and is willing to make a decision as to consent—of the medical
agent;
• in any other
case—of the Board,
has been obtained.
(2) Consent to a
particular episode of category B treatment is not required if—
(a) the
nature of the patient's mental illness is such that administration of that
particular episode of treatment is urgently needed for the protection of the
patient or other persons; and
(b) in
the circumstances it is not practicable to obtain that consent.
(3) A person who
contravenes subsection (1) is guilty of an offence.
Penalty: Division 4 fine or division 4 imprisonment.
(4) For the purposes
of this section—
"guardian", in relation to consent to prescribed psychiatric treatment of a
child, means—
(a) if a
guardian, or guardians, has or have been appointed under any Act or law in
respect of the child and the guardian, or one of them, is reasonably available
and is willing to make a decision as to consent—that guardian;
(b) in
any other case—a parent of the child.