South Australian Current Acts

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

MENTAL HEALTH ACT 2009 - SECT 9

9—Voluntary inpatients to be given statement of rights

        (1)         The director of a treatment centre must ensure that a voluntary inpatient in the centre is given, as soon as practicable after admission, a statement in writing in the form approved by the Chief Psychiatrist (a "statement of rights )—

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

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

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

        (3)         Subject to subsection (4), the director must cause a copy of the statement of rights to be 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 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 statement;

            (b)         the director is not required to send or give a copy of the statement to a person whose whereabouts are not known to or readily ascertainable by the director;

            (c)         it is not appropriate for the director to send or give a copy of the statement to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback