MENTAL HEALTH ACT 2009 (NO 28 OF 2009)

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Application of Act to children
• 5 Medical examinations by audio-visual conferencing

PART 2--Objects and guiding principles

• 6 Objects
• 7 Guiding principles

PART 3--Voluntary patients

• 8 Voluntary patients
• 9 Voluntary patients 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 Board and 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
• 15 Board to review 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 detention and treatment of persons with mental illness

Division 1--Non-compliance with community treatment orders and making of detention and treatment orders

• 20 Non-compliance with community treatment orders and making of detention and treatment orders

Division 2--Level 1 detention and treatment orders

• 21 Level 1 detention and treatment orders
• 22 Board and 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 detention and treatment orders

• 25 Level 2 detention and treatment orders
• 26 Notices and reports relating to level 2 orders
• 27 Copies of level 2 orders and notices to be given to patients etc
• 28 Treatment of patients to whom level 2 orders apply

Division 4--Level 3 detention and treatment orders

• 29 Level 3 detention and 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 Detention and treatment orders displace community treatment orders
• 33 Duty of director of treatment centre to comply with detention and treatment orders
• 34 Powers required for carrying detention and treatment orders into effect
• 35 Transfer of patients to whom detention and treatment orders apply
• 36 Leave of absence of patients detained under detention and treatment orders
• 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 detention and treatment orders apply

PART 7--Regulation of prescribed psychiatric treatments

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 Board 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
• 49 Neglect or ill-treatment

Division 2--Community visitor scheme

• 50 Community visitors
• 51 Community visitors' functions
• 52 Visits to and inspection of treatment centres
• 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

• 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
• 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 under corresponding laws or Ministerial agreement
• 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 detention and treatment orders apply
• 75 Transport to other jurisdictions of persons with apparent mental illness
• 76 Transport to other jurisdictions when interstate detention and treatment orders apply

Division 5--Transport to South Australia

• 77 Transport to South Australia when South Australian detention and treatment orders apply
• 78 Transport to South Australia of persons with apparent mental illness

PART 11--Reviews and appeals

Division 1--Reviews

• 79 Reviews
• 80 Decisions and reports on reviews

Division 2--Appeals

• 81 Appeals to Board against orders (other than Board orders)
• 82 Operation of orders pending appeal
• 83 Appeals to Board against transfer to interstate treatment centre
• 84 Representation on appeals to Board
• 85 Appeals to District Court and Supreme Court

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 by Chief Psychiatrist

Division 3--Authorised medical practitioners

• 93 Authorised medical practitioners

Division 4--Authorised health professionals

• 94 Authorised health professionals
• 95 Code of practice for authorised health professionals

Division 5--Treatment centres

• 96 Approved treatment centres
• 97 Limited treatment centres
• 98 Register of patients
• 99 Particulars relating to admission of patients to treatment centres
• 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 patients from treatment centres
• 105 Harbouring or assisting patient at large
• 106 Confidentiality and disclosure of information
• 107 Prohibition of publication of reports of proceedings
• 108 Requirements for notice to Board or Chief Psychiatrist
• 109 Evidentiary provisions
• 110 Regulations
• 111 Review of Act
• SCHEDULE 1--Certain conduct may not indicate mental illness
• SCHEDULE 2--Repeal and transitional provisions