South Australian Current Acts South Australian Current Acts37—Persons granted leave of absence to be given statement of rights
(1) The director of a
treatment centre who grants an involuntary inpatient leave of absence from the
centre must ensure that the patient is given, before the patient commences the
leave, 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.
(2) If the patient is
unable to read or otherwise comprehend the statement of rights, the director
must take any steps that are practicable in the circumstances to convey the
information contained in the statement to the patient.
(3) Subject to
subsection (4), the director must cause a copy of the statement of rights
to be sent or given to a guardian, medical agent, relative, carer or friend of
the patient as soon as practicable.
(4) The following
provisions apply for the purposes of subsection (3):
(a) the
person to be sent or given a copy of the statement of rights 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 a copy of the statement;
(b) the
director is not required to send or give a copy of the statement 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 statement 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.