South Australian Current Acts

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MENTAL HEALTH ACT 2009 - SECT 68

68—Interstate community treatment orders and treatment in South Australia

        (1)         If an interstate community treatment order is made or varied so that the order requires the person to whom the order applies to submit to treatment of the person's mental illness in South Australia, this Act applies as if—

            (a)         a community treatment order were in force under this Act in respect of the person requiring the person to submit to treatment of the person's mental illness in South Australia in accordance with the terms of the interstate community treatment order; and

            (b)         the community treatment order were to operate, despite the other provisions of this Act, for the period of operation of the interstate community treatment order.

        (2)         If a South Australian authorised officer believes on reasonable grounds that a person in South Australia is a patient to whom an interstate community treatment order applies (other than an order referred to in subsection (1)), 1 or more of the following powers may be exercised in relation to the person:

            (a)         the person may be taken into the care and control of a South Australian authorised officer;

            (b)         the person may be delivered by a South Australian authorised officer into the care and control of an interstate authorised officer (whether in or outside South Australia) for the purpose of the person's transport to an interstate treatment centre, the person's usual place of residence or some other place specified in the order;

            (c)         the person may be taken to a South Australian authorised community mental health facility by a South Australian authorised officer and treated as an involuntary community inpatient there;

            (d)         the person may be given treatment for his or her mental illness in South Australia, without any requirement for the person's consent, based on the requirements of the interstate community treatment order or as authorised by a medical practitioner who has examined the patient.

        (3)         Section 63(1) applies to the taking of action under subsection (2)(b).

        (4)         The powers under subsection (2) may only be exercised for a period not exceeding 42 days pending the making of a South Australian community treatment order under section 69 or the expiry of the interstate community treatment order (whichever occurs first).

        (5)         The Chief Psychiatrist must, as soon as practicable, be advised by notice in the form approved by the Chief Psychiatrist of a person to whom an interstate community treatment order applies who is being treated in South Australia for the person's mental illness under subsection (1) or (2).

        (6)         The Chief Psychiatrist must ensure that, as soon as practicable after being so advised—

            (a)         the person is given a copy of a written statement in the form approved by the Chief Psychiatrist (a "statement of rights")—

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

                  (ii)         containing any other information prescribed by the regulations; and

            (b)         subject to subsection (7)—a guardian, medical agent, relative, carer or friend of the person is notified that the person is being treated for the person's mental illness in South Australia under this section.

        (7)         The following provisions apply for the purposes of subsection (6)(b):

            (a)         the person to be notified must be—

                  (i)         a guardian, medical agent, relative, carer or friend of the person nominated by the person for the purpose; or

                  (ii)         if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the person who appears to have or be assuming responsibility for the care of the person; or

                  (iii)         if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the person whom it is practicable and appropriate to notify;

            (b)         the Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Psychiatrist;

            (c)         it is not appropriate for the Chief Psychiatrist to notify a particular person if the Chief Psychiatrist has reason to believe that it would be contrary to the person to whom the order applies best interests to do so.

        (8)         A South Australian authorised officer or an interstate authorised officer may, for the purpose of transporting the person to a South Australian treatment centre or interstate treatment centre, or enabling or facilitating medical treatment of the person—

            (a)         exercise the powers of an authorised officer under Part 9; and

            (b)         if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,

(and the provisions of Part 9, including section 60, will apply for the purpose with necessary modifications).



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