South Australian Current Acts South Australian Current Acts102—Offences relating to authorisations and orders
(1) A medical
practitioner or authorised mental health professional who signs any
authorisation or order for the purposes of this Act, without having examined
the person to whom the authorisation or order relates, is guilty of an
offence.
Maximum penalty: $25 000 or imprisonment for 2 years.
(2)
Subsection (1) does not apply to action of the Chief Psychiatrist under
section 69.
(3) A
medical practitioner or authorised mental health professional who—
(a)
certifies that a person has a mental illness, not believing the person to have
a mental illness; or
(b)
makes a statement in an authorisation or order given or made under or for the
purposes of this Act, or in a record kept in respect of a person to whom such
an authorisation or order applies, knowing the statement to be false or
misleading,
is guilty of an offence.
Maximum penalty: $25 000 or imprisonment for 2 years.
(4) A person who, not
being a medical practitioner or authorised mental health professional—
(a)
signs any certificate or order for the purposes of this Act in which he or she
describes himself or herself as, or pretends to be, a medical practitioner or
authorised mental health professional; or
(b)
otherwise purports to act under this Act in the capacity of a medical
practitioner or authorised mental health professional,
is guilty of an offence.
Maximum penalty: $25 000 or imprisonment for 2 years.
(5) A person who, by
fraudulent means, procures or attempts to procure any person who does not have
a mental illness to be received into a treatment centre, or to be treated as a
person to whom an order applies under this Act, is guilty of an offence.
Maximum penalty: $25 000 or imprisonment for 2 years.