South Australian Current Acts South Australian Current Acts21—Level 1 inpatient treatment orders
(1) A medical
practitioner or authorised mental health professional may make an order that a
person receive treatment as an inpatient in a treatment centre (a
"level 1 inpatient 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
(ba) the
person has impaired decision-making capacity relating to appropriate treatment
of the person's mental illness; and
(c)
there is no less restrictive means than an inpatient treatment order of
ensuring appropriate treatment of the person's illness.
(2) In considering
whether there is no less restrictive means than an inpatient 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 or in compliance with a community treatment order.
(3) A level 1
inpatient treatment order must be made in writing in the form approved by the
Chief Psychiatrist.
(4) A level 1
inpatient 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 7 days
after the day on which it is made.
(5) On the making of a
level 1 inpatient 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;
(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 inpatient treatment order if
satisfied that the grounds referred to in subsection (1) exist for the
making of a level 1 inpatient 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 inpatient treatment order applies may revoke the order at any
time.
Note—
A psychiatrist or authorised medical practitioner who revokes a level 1
inpatient treatment order may, in substitution, make a level 1
community treatment order under Part 4 Division 1.
(8) Confirmation or
revocation of a level 1 inpatient treatment order must be effected by
notice in the form approved by the Chief Psychiatrist.