South Australian Current Acts

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48—Patients' right to communicate with others outside treatment centre

        (1)         A patient in a treatment centre is entitled to—

            (a)         communicate with persons outside the centre; and

            (b)         receive visitors at the centre; and

            (c)         be afforded reasonable privacy in his or her communications with others.

        (2)         The rights conferred by subsection (1) are subject to any restrictions and conditions that have been approved by the Director of the centre as being reasonably required—

            (a)         for carrying into effect any inpatient treatment order that applies to the patient; or

            (b)         for the maintenance of order and security at the centre or the prevention of harm or nuisance to others.

        (3)         No restrictions or conditions are to be applied under this section to communications by post between a patient in a treatment centre and any of the following, or to visits to a patient by any of the following:

            (a)         the Minister;

            (b)         the Tribunal;

            (c)         the Public Advocate;

            (d)         the Chief Psychiatrist;

            (e)         the Health and Community Services Complaints Commissioner within the meaning of the Health and Community Services Complaints Act 2004 ;

            (f)         a community visitor;

            (g)         a member of Parliament;

            (h)         a legal practitioner (in the practitioner's professional capacity);

                  (i)         a person representing, or acting on behalf of, a person or body referred to in any of the preceding paragraphs;

            (j)         a person of a class prescribed by the regulations.

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