South Australian Current Acts

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MENTAL HEALTH ACT 2009 - SECT 90

90—Chief Psychiatrist's functions

        (1)         The Chief Psychiatrist has the following functions:

            (a)         to promote continuous improvement in the organisation and delivery of mental health services in South Australia;

            (b)         to monitor the treatment of voluntary inpatients and involuntary inpatients, and the use of restrictive practices in relation to such patients;

            (c)         to monitor the administration of this Act and the standard of mental health care provided in South Australia;

            (d)         to advise the Minister on issues relating to mental health and to report to the Minister any matters of concern relating to the care or treatment of patients;

            (e)         any other functions assigned to the Chief Psychiatrist by this Act or any other Act or by the Minister.

        (2)         The Chief Psychiatrist may issue standards that are to be observed in the care or treatment of patients.

        (3)         Any standards issued by the Chief Psychiatrist under this section will be—

            (a)         binding on any hospital that is an incorporated hospital under the Health Care Act 2008 ; and

            (b)         binding as a condition of the licence in force in respect of any private hospital premises under Part 10 of the Health Care Act 2008 .

        (4)         The Chief Psychiatrist will—

            (a)         have the authority to conduct inspections of the premises and operations of any hospital that is an incorporated hospital under the Health Care Act 2008 ; and

            (b)         be taken to be an inspector under Part 10 of the Health Care Act 2008 .

        (5)         For the purposes of subsection (4)(a), the Chief Psychiatrist may, at any reasonable time, enter the premises of an incorporated hospital and, while on the premises, may—

            (a)         inspect the premises or any equipment or other thing on the premises; and

            (b)         require any person to produce any documents or records; and

            (c)         examine any documents or records and take extracts from, or make copies of, any of them.

        (6)         A person must not refuse or fail to comply with a requirement made under subsection (5).

Maximum penalty: $10 000.

        (7)         A person must not hinder or obstruct the Chief Psychiatrist in the exercise by the Chief Psychiatrist of the powers conferred by subsection (5).

Maximum penalty: $10 000.



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