South Australian Current Acts

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MENTAL HEALTH ACT 2009 - SECT 55

55—Issuing of patient transport requests

        (1)         A patient transport request may be issued in respect of a patient as follows:

            (a)         if a community treatment order applies to the patient and the patient has not complied with the requirements of the order, a medical practitioner or mental health clinician may issue the request for the purpose of the patient's transport for treatment in accordance with the order;

            (b)         if a medical practitioner or authorised mental health professional has made a level 1 inpatient treatment order in respect of the patient at a place other than a treatment centre, the medical practitioner or authorised mental health professional may issue the request for the purpose of the patient's transport to a treatment centre;

            (c)         if the patient is absent without leave, the director of a treatment centre, a medical practitioner or mental health clinician may issue the request for the purpose of the patient's transport to a treatment centre;

            (d)         if an inpatient treatment order applies to the patient and the director of a treatment centre has given a direction for the transfer of the patient under Part 5 Division 5 to another treatment centre or hospital, the director may issue the request for the purpose of the patient's transport to the other treatment centre or hospital.

        (2)         A patient transport request must be—

            (a)         directed to authorised officers and police officers generally; and

            (b)         in writing in the form approved by the Chief Psychiatrist.

        (3)         A person in respect of whom a patient transport request has been issued who is taken into the care and control of an authorised officer or police officer under this Part must, as soon as practicable, be given a copy of—

            (a)         the patient transport request; 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.



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