South Australian Current Acts

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MENTAL HEALTH ACT 2009 - SECT 46

46—Copies of Tribunal's orders, decisions and statements of rights to be given

        (1)         A registrar of the Tribunal must ensure that a patient is given, as soon as practicable after the making by the Tribunal of an order or decision under this Act in respect of the patient

            (a)         a copy of the order or decision; and

            (b)         a written statement in the form approved by the Chief Psychiatrist (a "statement of rights")—

                  (i)         informing the patient of his or her legal rights; and

                  (ii)         containing any other information prescribed by the regulations.

        (2)         If the patient is unable to read or otherwise comprehend the statement of rights, the registrar must ensure that any steps are taken that are practicable in the circumstances to convey the information contained in the statement to the patient.

        (3)         Subject to subsection (4), the registrar must ensure that a copy of the order or decision and the statement of rights are 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 order or decision and 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 order or decision and the statement;

            (b)         there is no requirement for a copy of the order or decision and the statement to be sent or given to a person whose whereabouts are not known to or readily ascertainable by the registrar;

            (c)         it is not appropriate for a copy of the order or decision and the statement to be sent or given to a particular person if there is reason to believe that it would be contrary to the patient's best interests to do so.



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