South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"absent without leave"—see subsection (2);
"advance care directive" means an advance care directive given under the
Advance Care Directives Act 2013 that is in force;
"ambulance officer" means a person who is—
(a)
employed as an ambulance officer, or engaged as a volunteer ambulance officer,
with an organisation that provides ambulance services; and
(b)
authorised by the chief executive officer of SA Ambulance Service Inc to
exercise the powers conferred by this Act on authorised officers;
"approved treatment centre" means a place determined by the Chief Psychiatrist
under Part 12 Division 5 to be an approved treatment centre for the
purposes of this Act;
"authorised community mental health facility" means a facility that is
determined by the Chief Psychiatrist under Part 12 Division 5 to be an
authorised community mental health facility;
"authorised medical practitioner" means a person determined by the
Chief Psychiatrist under Part 12 Division 3 to be an authorised medical
practitioner for the purposes of this Act;
"authorised mental health professional" means a person determined by the
Chief Psychiatrist under Part 12 Division 4 to be an
authorised mental health professional for the purposes of this Act;
"authorised officer" means—
(a) a
mental health clinician; or
(b) an
ambulance officer; or
(c) a
person employed as a medical officer or flight nurse by the Royal Flying
Doctor Service of Australia (Central Operations) Incorporated or the Royal
Flying Doctor Service of Australia (South Eastern Section); or
(d) a
person, or a person of a class, approved by the Chief Psychiatrist, by notice
in the Gazette, for the purposes of this definition; or
(e) any
other person, or person of a class, prescribed by the regulations for the
purposes of this definition;
"carer"—a person is a carer of another if the person provides ongoing
care or assistance to the other as a carer within the meaning of the
Carers Recognition Act 2005 ; the term includes a person who was a carer
of another before interruption of the provision of care due to the other's
illness;
"Chief Executive" means the chief executive of the Department;
"Chief Psychiatrist" means the person appointed to the position of
Chief Psychiatrist under Part 12 Division 2;
"child" means a person under 18 years of age;
"community treatment order" means—
(a) a
level 1 community treatment order; or
(b) a
level 2 community treatment order;
"community visitor" means—
(a) the
person appointed to the position of Principal Community Visitor under Part 8
Division 2; or
(b) a
person appointed to a position of Community Visitor under Part 8
Division 2;
"consent" to treatment means effective consent to the treatment;
"decision", of the Tribunal, has the same meaning as in the
South Australian Civil and Administrative Tribunal Act 2013 ;
"Department" means the administrative unit of the Public Service that is
responsible for assisting a Minister in the administration of this Act;
"director" of a treatment centre means the person for the time being in charge
of the mental health services of the centre;
"domestic partner"—a person is a domestic partner of another if the
person is a domestic partner of the other within the meaning of the
Family Relationships Act 1975 , whether declared as such under that Act
or not; the term includes a person who was a domestic partner of another
before interruption of their shared living arrangements due to the other's
illness;
"ECT" means electro-convulsive therapy;
"guardian"—a person is a guardian of another if the person is acting or
appointed under any Act or law as the guardian of the other;
"inpatient" in a treatment centre means a person admitted as a patient in a
treatment centre;
"inpatient treatment order" means—
(a) a
level 1 inpatient treatment order; or
(b) a
level 2 inpatient treatment order; or
(c) a
level 3 inpatient treatment order;
"internal review" means a review under section 70 of the
South Australian Civil and Administrative Tribunal Act 2013 ;
"involuntary inpatient" means an inpatient who is subject to an
inpatient treatment order;
"leave of absence"—see section 36;
"legal practitioner" means a person admitted and enrolled as a practitioner of
the Supreme Court of South Australia;
"level 1 community treatment order"—see Part 4 Division 1;
"level 1 inpatient treatment order"—see Part 5 Division 2;
"level 2 community treatment order"—see Part 4 Division 2;
"level 2 inpatient treatment order"—see Part 5 Division 3;
"level 3 inpatient treatment order"—see Part 5 Division 4;
"limited treatment centre" means a place determined by the Chief Psychiatrist
under Part 12 Division 5 to be a limited treatment centre for the purposes of
this Act;
"medical agent"—a person is a medical agent of another if the person has
been appointed under an Act or law to make decisions on behalf of the other
about the other's medical treatment;
"medical examination" means examination of a person and the person's mental
health by a medical practitioner or authorised mental health professional;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"mental health clinician" means a person of a class of persons who are engaged
in the treatment or care of patients and classified by the Chief Psychiatrist
as mental health clinicians for the purposes of this Act;
"mental illness" means any illness or disorder of the mind; see also Schedule
1 (Certain conduct may not indicate mental illness);
"neurosurgery" for mental illness means leucotomy, amygdaloidotomy,
hypothalamotomy, temporal lobectomy, cingulectomy, electrode implantation in
the brain or any other brain surgery for the relief of mental illness by the
elimination or stimulation of apparently normal brain tissues;
"patient", in relation to the provision of mental health services, includes
(where the context so requires) the following:
(a) a
voluntary inpatient;
(b) a
person to whom a community treatment order applies;
(c) a
person to whom an inpatient treatment order applies;
(d) a
person to whom section 56 applies;
(e) a
person with a mental illness (within the meaning of this Act) who is liable to
a supervision order under Part 8A of the Criminal Law Consolidation
Act 1935 ;
"patient assistance request" means a patient assistance request issued under
Part 9;
"patient transport request" means a patient transport request issued under
Part 9 or Part 10;
"prescribed psychiatric treatment" means—
(a) ECT;
or
(b)
neurosurgery for mental illness; or
(c) any
other treatment declared by the regulations to be prescribed
psychiatric treatment;
"Prescribed Psychiatric Treatment Panel" or "Panel" means the
Prescribed Psychiatric Treatment Panel established under Part 7 Division A1;
"psychiatrist" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the medical profession; and
(b)
holding specialist registration as a psychiatrist;
"Public Advocate" means the person holding or acting in the office of
Public Advocate under the Guardianship and Administration Act 1993 ;
"relative"—a person is a relative of another if—
(a) the
person is related to the other by blood or marriage; or
(b) the
person is a domestic partner of the other; or
(c) the
person is of Aboriginal or Torres Strait Islander descent and related to the
other according to Aboriginal kinship rules, or Torres Strait Islander kinship
rules, as the case may require;
"restrictive practice", in relation to a patient, includes—
(a) the
use of physical, mechanical or chemical means to restrain the patient; and
(b)
seclusion or the confinement of the patient on his or her own in an area from
which he or she cannot leave of his or her own volition;
"senior psychiatrist" means a person who has, since qualifying for
registration as a specialist in psychiatry, had at least 5 years'
experience as a practising psychiatrist;
"staff" of a treatment centre means the director of the centre or any person
performing duties involved in the administration or operations of the centre,
whether under a contract of employment or some other contractual arrangement;
"substitute decision-maker", in respect of a person, means a
substitute decision-maker appointed under an advance care directive given by
the person under the Advance Care Directives Act 2013 that is in force;
"treatment" or "medical treatment" means treatment or procedures administered
or carried out by a medical practitioner or other health professional in the
course of professional practice, and includes the prescription or supply of
drugs;
"treatment centre" means an approved treatment centre or a
limited treatment centre;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"voluntary community patient" means a person receiving treatment, care and
rehabilitation services for a mental illness in an
authorised community mental health facility;
"voluntary inpatient" means an inpatient who is not subject to an
inpatient treatment order.
(2) For the purposes
of
this Act, a patient will be taken to be "absent without leave" if—
(a) an
inpatient treatment order applies to the patient; and
(b) the
patient—
(i)
has not been taken into, or remained in, the care and
control of treatment centre staff or an authorised officer or police officer
after the making of the order and before admission to a treatment centre; or
(ii)
has left a treatment centre in which he or she was an
involuntary inpatient, or the care and control of treatment centre staff,
without leave of absence under Part 5 Division 5; or
(iii)
has been granted leave of absence from a treatment centre
under Part 5 Division 5 but has not returned to the centre, or been taken
into the care and control of treatment centre staff or an authorised officer
or police officer, by the expiry of the leave or after cancellation of the
leave.
(3) For the purposes
of this Act, a form that has been approved by the Chief Psychiatrist
must—
(a) be
published on the Department's website; and
(b) be
used for the purposes specified in the form; and
(c)
contain the information required by, and be presented and completed in
accordance with, any instruction contained in the form; and
(d) be
lodged in the manner and form required by the Chief Psychiatrist.