MENTAL HEALTH ACT 2009
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Interpretation
- 4 Application of Act
- 5 Medical examinations by audio-visual conferencing
- 5A Decision-making capacity
PART 2--Objects and guiding principles
PART 3--Voluntary inpatients
- 8 Voluntary inpatients
- 9 Voluntary inpatients to be given statement of rights
PART 4--Orders for treatment of persons with mental illness
Division 1--Level 1 community treatment orders
- 10 Level 1 community treatment orders
- 11 Chief Psychiatrist to be notified of level 1 orders or their variation or revocation
- 12 Copies of level 1 orders, notices and statements of rights to be given to patients etc
- 13 Treatment of patients to whom level 1 orders apply
- 14 Chief Psychiatrist to ensure monitoring of compliance with level 1 orders
Division 2--Level 2 community treatment orders
- 16 Level 2 community treatment orders
- 17 Chief Psychiatrist to be notified of level 2 orders or their variation or revocation
- 18 Treatment of patients to whom level 2 orders apply
- 19 Chief Psychiatrist to ensure monitoring of compliance with level 2 orders
PART 5--Orders for treatment as inpatient of persons with mental illness
Division 1--Non-compliance with community treatment orders and making of inpatient treatment orders
- 20 Non-compliance with community treatment orders and making of inpatient treatment orders
Division 2--Level 1 inpatient treatment orders
- 21 Level 1 inpatient treatment orders
- 22 Chief Psychiatrist to be notified of level 1 orders or their revocation
- 23 Copies of level 1 orders, notices and statements of rights to be given to patients etc
- 24 Treatment of patients to whom level 1 orders apply
Division 3--Level 2 inpatient treatment orders
- 25 Level 2 inpatient treatment orders
- 26 Notices and reports relating to level 2 orders
- 27 Copies of level 2 orders, notices and statements of rights to be given to patients etc
- 28 Treatment of patients to whom level 2 orders apply
Division 4--Level 3 inpatient treatment orders
- 29 Level 3 inpatient treatment orders
- 30 Chief Psychiatrist to be notified of level 3 orders or their variation or revocation
- 31 Treatment of patients to whom level 3 orders apply
Division 5--General
- 32 Inpatient treatment orders displace community treatment orders
- 33 Duty of director of treatment centre to comply with inpatient treatment orders
- 34 Involuntary inpatients not permitted to leave treatment centre or care and control of staff
- 34A Confinement and other powers relating to involuntary inpatients
- 35 Transfer of involuntary inpatients
- 36 Leave of absence of involuntary patients
- 37 Persons granted leave of absence to be given statement of rights
- 38 Cancellation of leave of absence
PART 6--Treatment and care plans
- 39 Treatment and care plans for voluntary patients
- 40 Treatment and care plans for patients to whom community treatment orders apply
- 41 Treatment and care plans for patients to whom inpatient treatment orders apply
PART 7--Regulation of prescribed psychiatric treatments
Division A1--Prescribed Psychiatric Treatment Panel
- 41A Prescribed Psychiatric Treatment Panel
- 41B Conditions of appointment to Panel
- 41C Functions of Panel
- 41D Constitution and proceedings of Panel
Division 1--ECT
- 42 ECT
Division 2--Neurosurgery for mental illness
Division 3--Other prescribed psychiatric treatments
PART 8--Further protections for persons with mental illness
Division 1--Patients' rights and protections
- 45 Assistance of interpreters
- 46 Copies of Tribunal's orders, decisions and statements of rights to be given
- 47 Patients' right to be supported by guardian etc
- 48 Patients' right to communicate with others outside treatment centre
- 48A Prohibition on use of spit hoods
- 49 Neglect or ill-treatment
Division 2--Community visitor scheme
- 50 Community visitors
- 51 Community visitors' functions and powers
- 51A Delegation by Principal Community Visitor
- 52 Visits to and inspections of treatment centres
- 52A Visits to and inspection of authorised community mental health facilities
- 52B Visits and inspections by audiovisual or other electronic means
- 53 Requests to see community visitors
- 54 Reports by Principal Community Visitor
PART 9--Powers relating to persons who have or appear to have mental illness
- 54A Issuing of patient assistance requests
- 55 Issuing of patient transport requests
- 56 Powers of authorised officers relating to persons who have or appear to have mental illness
- 57 Powers of police officers relating to persons who have or appear to have mental illness
- 58 Officers may assist each other
- 58A Officers to keep records about exercise of powers under Act
- 59 Roles of various officers
- 60 Offence to hinder etc officer
PART 10--Arrangements between South Australia and other jurisdictions
Division 1--Preliminary
- 61 Interpretation
- 62 Ministerial agreements
- 63 Requests or approvals relating to actions involving other jurisdictions
- 64 Powers of South Australian officers
- 65 Regulations may modify operation of Part
Division 2--Community treatment orders
- 66 South Australian community treatment orders and treatment in other jurisdictions
- 67 Powers of interstate officers
- 68 Interstate community treatment orders and treatment in South Australia
- 69 Making of South Australian community treatment orders when interstate orders apply
Division 3--Transfer to or from South Australian treatment centres
- 70 Transfer from South Australian treatment centres
- 71 Transfer to South Australian treatment centres
- 72 Patient transport requests
- 73 Powers when patient transport request issued
Division 4--Transport to other jurisdictions
- 74 Transport to other jurisdictions when South Australian inpatient treatment orders apply
- 75 Transport to other jurisdictions of persons with apparent mental illness
- 76 Transport to other jurisdictions when interstate inpatient treatment orders apply
Division 5--Transport to South Australia
- 77 Transport to South Australia when South Australian inpatient treatment orders apply
- 78 Transport to South Australia of persons with apparent mental illness
PART 11--Reviews and appeals
- 79 Reviews of treatment orders and other matters
- 80 Decisions and reports on reviews of treatment orders
- 81 Reviews of orders (other than Tribunal orders)
- 83 Review of directions for transfer of patients to interstate treatment centres
- 83A Reviews and appeals
- 84 Representation on reviews or appeals
PART 11A--Special provisions relating to Tribunal
- 85 Tribunal must give notice of proceedings
- 85A Reasons for decisions
- 85B Representation of person who is subject of proceedings
PART 12--Administration
Division 1--Minister and Chief Executive
- 86 Minister's functions
- 87 Delegation by Minister
- 88 Delegation by Chief Executive
Division 2--Chief Psychiatrist
- 89 Chief Psychiatrist
- 90 Chief Psychiatrist's functions
- 91 Delegation by Chief Psychiatrist
- 92 Annual report of Chief Psychiatrist
Division 3--Authorised medical practitioners
Division 4--Authorised mental health professionals
- 94 Authorised mental health professionals
- 95 Code of practice for authorised mental health professionals
Division 5--Treatment centres
- 96 Approved treatment centres
- 97 Limited treatment centres
- 97A Authorised community mental health facilities
- 100 Delegation by directors of treatment centres
PART 13--Miscellaneous
- 101 Errors in orders etc
- 102 Offences relating to authorisations and orders
- 103 Medical practitioners or health professionals not to act in respect of relatives
- 104 Removing inpatients from treatment centres
- 106 Confidentiality and disclosure of information
- 107 Prohibition of publication of reports of proceedings
- 108 Requirements for notice to Tribunal or Chief Psychiatrist
- 109 Evidentiary provision
- 110 Regulations
- 111 Review of Act