South Australian Current Acts

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