South Australian Consolidated Acts

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MENTAL HEALTH ACT 1993 - SECT 31

31—Offences in relation to authorisations and orders

        (1)         A medical practitioner who signs any authorisation or order for the purposes of this Act without having seen and personally examined the person to whom the authorisation or order relates is guilty of an offence.

Penalty: Division 5 fine or division 5 imprisonment.

        (2)         A medical practitioner who wilfully certifies that a person has a mental illness, not believing the person to have a mental illness, or who wilfully makes any other false or misleading statement in an authorisation or order given or made under or for the purposes of this Act, is guilty of an offence.

Penalty: Division 5 fine or division 5 imprisonment.

        (3)         A person who, not being a medical practitioner, signs any certificate or order for the purposes of this Act in which he describes himself or herself as, or pretends to be, a medical practitioner or otherwise purports to act under this Act in the capacity of a medical practitioner is guilty of an offence.

Penalty: Division 5 fine or division 5 imprisonment.

        (4)         Any person who by fraudulent means procures or attempts to procure any person who does not have a mental illness to be received into, or detained in, an approved treatment centre or to be treated pursuant to an order under this Act is guilty of an offence.

Penalty: Division 5 fine or division 5 imprisonment.



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