MENTAL HEALTH ACT 2009
MENTAL HEALTH ACT 2009
TABLE OF PROVISIONS
Long Title
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
6. Objects
7. 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
43. Neurosurgery for mental illness
Division 3--Other prescribed psychiatric treatments
44. 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
93. 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
SCHEDULE 1--Certain conduct may not indicate mental illness
SCHEDULE 2--Transitional provisions
Legislative history
