South Australian Current Acts

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MENTAL HEALTH ACT 2009 - SECT 29

29—Level 3 inpatient treatment orders

        (1)         If the Tribunal is satisfied that—

            (a)         a 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,

the Tribunal may make an order that the person receive treatment as an inpatient in an approved treatment centre (a "level 3 inpatient treatment order ).

        (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 3 inpatient treatment order may be made, on application, in respect of a person to whom a level 1, level 2 or level 3 inpatient treatment order applies.

        (4)         An application may be made for the Tribunal to make a level 3 inpatient treatment order in respect of a person by the Public Advocate, the director of an approved treatment centre or an employee in an approved treatment centre authorised by the director of the centre for the purpose.

        (4a)         A level 1 or 2 inpatient treatment order applying in relation to a person is taken to be revoked on the making of a level 3 inpatient treatment order in relation to the person.

        (5)         A level 3 inpatient treatment order, unless earlier revoked, expires at a time fixed in the order which must be—

            (a)         in the case of an order relating to a child—2 pm on a business day not later than 6 calendar months after the day on which it is made; or

            (b)         in any other case—2 pm on a business day not later than 12 calendar months after the day on which it is made.

        (6)         The Tribunal may, on application, by order, vary or revoke a level 3 inpatient treatment order at any time.

        (7)         An application for variation or revocation of a level 3 inpatient treatment order may be made by—

            (a)         the patient; or

            (b)         the Public Advocate; or

            (c)         a medical practitioner; or

            (d)         a mental health clinician; or

            (e)         a guardian, medical agent, relative, carer or friend of the patient; or

            (f)         any other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient.

Note—

If the Tribunal revokes a level 3 inpatient treatment order, it may, in substitution, make a level 2 community treatment order under Part 4 Division 2.



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