South Australian Consolidated Acts

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MENTAL HEALTH ACT 1993 - SECT 23

23—Powers of members of police force and ambulance officers

        (1)         Where a member of the police force has reasonable cause to believe—

            (a)         that a person has a mental illness; and

            (b)         that the conduct of that person is or has recently been such as to cause danger to himself or herself or to others,

the member of the police force may apprehend that person, using only such force as is reasonably necessary for the purpose, and take him or her as soon as practicable to a medical practitioner for examination.

        (2)         Where a member of the police force, the director of an approved treatment centre or an employee in an approved treatment centre authorised by the director of the centre for the purpose has reasonable cause to believe that a person who has been detained in the centre is unlawfully at large, he or she may apprehend the person, using only such force as is reasonably necessary for the purpose, and return the person to the centre.

        (3)         A person on leave of absence from an approved treatment centre will, for the purposes of subsection (2), be taken to be unlawfully at large—

            (a)         if he or she fails to return to the centre by the expiry of the leave; or

            (b)         if the leave has been cancelled; or

            (c)         if he or she fails to comply with a condition to which the leave was subject.

        (4)         Where a member of the police force has reasonable cause to believe—

            (a)         that a person is the subject of a treatment order made under section 20; and

            (b)         that the person has, without reasonable excuse, refused or failed to comply with the order,

the member of the police force may apprehend the person, using only such force as is reasonably necessary for the purpose, and take the person to the medical practitioner specified in the order, or to the person in charge of a medical clinic specified in the order, for treatment in accordance with the order.

        (5)         A member of the police force may, in exercising powers under this section, break into any premises, using only such force as is reasonably necessary for the purpose.

        (6)         An ambulance officer—

            (a)         may, if summoned by a person exercising powers under this section in relation to a particular person, convey that person to such place as the person exercising the powers specifies; and

            (b)         may use such force as is reasonably necessary for the purpose.

        (7)         Where a member of the police force or ambulance officer takes a person to a medical clinic or medical practitioner pursuant to this section—

            (a)         he or she may, if requested, render such assistance to the medical practitioner carrying out the examination or treatment as may be necessary for the purpose; and

            (b)         where the medical practitioner makes an order for the admission and detention of the person in an approved treatment centre, he or she must, if the medical practitioner so requests, convey, or arrange for the conveyance of, the person to an approved treatment centre in accordance with the order.

        (8)         A member of the police force and an ambulance officer may assist each other in the exercise of powers under this section.



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