MENTAL HEALTH ACT 2009 - SECT 66
MENTAL HEALTH ACT 2009 - SECT 66
66—South Australian community treatment orders and treatment in other
jurisdictions
(1) A South Australian
community treatment order may be made or varied so that the order requires the
person to whom the order applies to submit to treatment of the person's
mental illness at an interstate treatment centre.
(2) If a South
Australian community treatment order requires treatment of a person's mental
illness at an interstate treatment centre and the person fails to comply with
the requirements of the order, the Chief Psychiatrist may issue a patient
transport request in respect of the person for the purpose of the person's
transport to the interstate treatment centre.
(3) Subject to
subsection (5), if an interstate authorised officer believes on
reasonable grounds that a person in the officer's jurisdiction is a patient to
whom a South Australian community treatment order applies (other than an order
referred to in subsection (1)), 1 or more of the following powers
may be exercised in relation to the person:
(a) the
person may be taken into the care and control of the officer;
(b) the
person may be delivered by an interstate officer into the care and control of
a South Australian authorised officer for the purpose of the person's
transport to a South Australian authorised community mental health facility,
the person's usual place of residence or some other place specified in the
order;
(c) the
person may be taken to an interstate treatment centre by an interstate officer
and treated as an involuntary community patient there;
(d) the
person may be given treatment for his or her mental illness in the interstate
treatment centre, without any requirement for the person's consent, based on
the requirements of the South Australian community treatment order or as
authorised by a medical practitioner who has examined the patient.
(4) Section 63(1)
applies to the taking of action under subsection (1), (2) or (3).
(5) The powers under
subsection (3) may only be exercised for a period not exceeding
42 days pending the making of an interstate community treatment order or
the expiry of the South Australian community treatment order (whichever occurs
first).
(6) If a South
Australian authorised officer or an interstate authorised officer believes on
reasonable grounds that a person is the patient in respect of whom a
patient transport request has been issued under subsection (2), the
officer may, for the purpose of the person's transport to an interstate
treatment centre—
(a)
exercise the powers of an authorised officer under Part 9; and
(b) if
the officer is a police officer (however described) in South Australia or
another jurisdiction—exercise the powers of a police officer under Part
9,
(and the provisions of Part 9, including section 60, will apply for the
purpose with necessary modifications).