South Australian Current Acts South Australian Current Acts23—Copies of level 1 orders, notices and statements of rights to be
given to patients etc
(1) A medical
practitioner or authorised mental health professional making a level 1
inpatient treatment order must ensure that the patient is given, as soon as
practicable, a copy of the order.
(2) A medical
practitioner or authorised mental health professional making a level 1
inpatient treatment order must ensure that the patient is given, as soon as
practicable, a statement in writing in the form approved by the Chief
Psychiatrist (a "statement of rights")—
(a)
informing the patient of his or her legal rights; and
(b)
containing any other information prescribed by the regulations.
(3) If a patient is
unable to read or otherwise comprehend the statement of rights, the
medical practitioner or authorised mental health professional must ensure that
any steps that are practicable in the circumstances are taken to convey the
information contained in the statement to the patient.
(4) Subject to
subsection (6), the director of a treatment centre in which a patient is
first admitted as an inpatient under a level 1 inpatient treatment order
must cause a copy of the order and statement of rights to be sent or given to
a guardian, medical agent, relative, carer or friend of the patient as soon as
practicable.
(5) If a level 1
inpatient treatment order is revoked, the director of the treatment centre in
which the patient is admitted as an inpatient must—
(a)
ensure that the patient is given, as soon as practicable, a copy of the notice
of revocation of the order; and
(b)
subject to subsection (6), cause a copy of the notice of revocation to be
sent or given to a guardian, medical agent, relative, carer or friend of the
patient as soon as practicable.
(6) The following
provisions apply for the purposes of subsections (4) and (5)(b):
(a) the
person to be sent or given a copy of the order and statement of rights, or
notice of revocation, must be—
(i)
a guardian, medical agent, relative, carer or friend of
the patient nominated by the patient for the purpose; or
(ii)
if that is not practicable or appropriate—a
guardian, medical agent, relative, carer or friend of the patient who appears
to have or be assuming responsibility for the care of the patient; or
(iii)
if that is not practicable or appropriate—any other
guardian, medical agent, relative, carer or friend of the patient to whom it
is practicable and appropriate to send or give the copy of the order and
statement, or notice of revocation;
(b) the
director is not required to send or give a copy of the order and statement, or
notice of revocation, to a person whose whereabouts are not known to or
readily ascertainable by the director;
(c) it
is not appropriate for the director to send or give a copy of the order and
statement, or notice of revocation, to a particular person if the director has
reason to believe that it would be contrary to the patient's best interests to
do so.