South Australian Numbered Acts

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MENTAL HEALTH (INPATIENT) AMENDMENT ACT 2012 (NO 26 OF 2012) - SECT 5

5—Substitution of section 34

Section 34—delete the section and substitute:

34—Involuntary inpatients not permitted to leave treatment centre or care and control of staff

        (1)         An involuntary inpatient in a treatment centre is not permitted to leave the treatment centre without being in the care and control of treatment centre staff or having been granted a leave of absence.

        (2)         An involuntary inpatient under the care and control of treatment centre staff outside the treatment centre is not permitted to leave that care and control without having been granted a leave of absence.

        (3)         If granted a leave of absence, the involuntary inpatient is required to comply with the conditions of the leave of absence.

34A—Confinement and other powers relating to involuntary inpatients

        (1)         This section applies to a patient to whom an inpatient treatment order applies who is present at, or has been admitted to, a treatment centre.

        (2)         Treatment centre staff may take measures for the confinement of the patient, and exercise powers (including the power to use reasonable force), as reasonably required—

            (a)         for carrying the inpatient treatment order applying to the patient into effect and ensuring compliance with this Act; and

            (b)         for the maintenance of order and security at the centre or the prevention of harm or nuisance to others.

        (3)         Subsection (2) has effect subject to Part 2 and the other provisions of this Act and, in the case of staff other than the director, subject to the directions of the director.



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