South Australian Numbered Acts South Australian Numbered Acts7—Amendment of section 21—Holding of inquests
(1) Section 21(1)(b)—after subparagraph (iv) insert:
or
(v) the death of a person (whether before or after the commencement of this subparagraph) who apparently died from natural causes, as certified by a medical practitioner, while—
(A) subject to an order under section 32(1)(b) of the Guardianship and Administration Act 1993
; or
(B) —
• subject to an inpatient treatment order under Part 5 of the Mental Health Act 2009
; and
• held in a ward (however described) of a hospital or other facility that is an approved treatment centre under the Mental Health Act 2009
where the whole of the ward is not set aside for the treatment of persons with a mental illness;
(2) Section 21—after subsection (3) insert:
(4) For the purposes of subsection (1)(a) and the definition of "death in custody" in section 3(1), the death or apparent death of a person (whether before or after the commencement of this subsection) from natural causes, as certified by a medical practitioner, while—
(a) subject to an inpatient treatment order under Part 5 of the Mental Health Act 2009
; and
(b) held in a ward (however described) of a hospital or other facility that is an approved treatment centre under the Mental Health Act 2009
where the whole of the ward is set aside for the treatment of persons with a mental illness,
will be taken to be a death in custody.
(5) Despite the definition of "death in custody" in section 3(1), for the purposes of subsection (1)(a), the death or apparent death of a person (whether before or after the commencement of this subsection) from natural causes, as certified by a medical practitioner, while—
(a) subject to an order under section 32(1)(b) of the Guardianship and Administration Act 1993
; or
(b) —
(i) subject to an inpatient treatment order under Part 5 of the Mental Health Act 2009
; and
(ii) held in a ward (however described) of a hospital or other facility that is an approved treatment centre under the Mental Health Act 2009
where the whole of the ward is not set aside for the treatment of persons with a mental illness,
will not be taken to be a death in custody.
(6) In this section—
"mental illness" has the same meaning as in the Mental Health Act 2009
;
"treatment" has the same meaning as in the Mental Health Act 2009
.