South Australian Current Acts South Australian Current Acts10—Level 1 community treatment orders
(1) A medical
practitioner or authorised mental health professional may make an order for
the
treatment of a person (a "level 1 community treatment order") if it appears to
the medical practitioner or authorised mental health professional, after
examining the person, that—
(a) the
person has a mental illness; and
(b)
because of the mental illness, the person requires treatment for the person's
own protection from harm (whether physical or mental, and including harm
involved in the continuation or deterioration of the person's condition) or
for the protection of others from harm; and
(c) the
person has impaired decision-making capacity relating to appropriate treatment
of the person's mental illness; and
(d)
there is no less restrictive means than a community treatment order of
ensuring appropriate treatment of the person's illness.
(2) In considering
whether there is no less restrictive means than a community treatment order of
ensuring appropriate treatment of the person's illness, consideration must be
given, amongst other things, to the prospects of the person receiving all
treatment of the illness necessary for the protection of the person and others
on a voluntary basis.
(3) A
level 1 community treatment order must be made in writing in the form approved
by the Chief Psychiatrist.
(4) A
level 1 community treatment order, unless earlier revoked, expires at a time
fixed in the order which must be 2 pm on a business day not later than
42 days after the day on which it is made.
(5) On the making of a
level 1 community treatment order, the following provisions apply:
(a) the
patient must be examined by a psychiatrist or authorised medical practitioner,
who must, if the order was made by a psychiatrist or authorised
medical practitioner, be a different psychiatrist or authorised medical
practitioner from whomever made the order;
(b) the
examination must occur within 24 hours of the making of the order;
(c) if
it is not practicable for the examination to occur within that period, it must
occur as soon as practicable thereafter;
(d)
after completion of the examination, the psychiatrist or authorised
medical practitioner may confirm the level 1 community treatment order if
satisfied that the grounds referred to in subsection (1) exist for the
making of a level 1 community treatment order, but otherwise must revoke
the order.
(6) A
medical practitioner or authorised mental health professional may form an
opinion about a person under subsection (1) or (5) based on his or her
own observations and any other available evidence that he or she considers
reliable and relevant (which may include evidence about matters occurring
outside the State).
(7) A psychiatrist or
authorised medical practitioner who has examined a patient to whom a
level 1 community treatment order applies may vary or revoke the order at any
time.
Note—
A psychiatrist or authorised medical practitioner who revokes a level 1
community treatment order may, in substitution, make a level 1
inpatient treatment order under Part 5 Division 2.
(8) Confirmation,
variation or revocation of a level 1 community treatment order must be
effected by notice in the form approved by the Chief Psychiatrist.