South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH ACT 2009 - SECT 4

4—Application of Act

        (1)         This Act applies to children in the same way as to persons of full age, subject to the following:

            (a)         a right conferred on a person under this Act may, if the person is a child under 16 years of age, be exercised by a parent or guardian of the child on behalf of the child;

            (b)         an obligation under this Act to give a document to a person is, if the person is a child under 16 years of age, to be treated as an obligation to give the document to a parent or guardian of the child, and operates to the exclusion of any further obligation under this Act to send or give the document to a guardian, medical agent, relative, carer or friend;

            (c)         an obligation under this Act to give information to a person (including information about the person's illness, any order that applies to the person, his or her legal rights, the treatment and other services that are to be provided or offered to the person and what alternatives are available) is, if the person is a child under 16 years of age, to be treated as an obligation to give the information to a parent or guardian of the child.

        (2)         Subsection (1) does not affect the operation of a provision of this Act that expressly relates to a child or children.

        (3)         Subject to an express provision of this Act or of any other Act, this Act is in addition to and does not derogate from—

            (a)         the Advance Care Directives Act 2013 ; and

            (b)         the Consent to Medical Treatment and Palliative Care Act 1995 ; and

            (c)         the Guardianship and Administration Act 1993 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback