South Australian Numbered Acts
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MENTAL HEALTH ACT 2009 (NO 28 OF 2009)
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Application of Act to children
5. Medical examinations by audio-visual conferencing
PART 2--Objects and guiding principles
6. Objects
7. Guiding principles
PART 3--Voluntary patients
8. Voluntary patients
9. Voluntary patients to be given statement of rights
PART 4--Orders for treatment of persons with mental illness
Division 1--Level 1 community treatment orders
10. Level 1 community treatment orders
11. Board and Chief Psychiatrist to be notified of level 1 orders or their variation or revocation
12. Copies of level 1 orders, notices and statements of rights to be given to patients etc
13. Treatment of patients to whom level 1 orders apply
14. Chief Psychiatrist to ensure monitoring of compliance with level 1 orders
15. Board to review level 1 orders
Division 2--Level 2 community treatment orders
16. Level 2 community treatment orders
17. Chief Psychiatrist to be notified of level 2 orders or their variation or revocation
18. Treatment of patients to whom level 2 orders apply
19. Chief Psychiatrist to ensure monitoring of compliance with level 2 orders
PART 5--Orders for detention and treatment of persons with mental illness
Division 1--Non-compliance with community treatment orders and making of detention and treatment orders
20. Non-compliance with community treatment orders and making of detention and treatment orders
Division 2--Level 1 detention and treatment orders
21. Level 1 detention and treatment orders
22. Board and Chief Psychiatrist to be notified of level 1 orders or their revocation
23. Copies of level 1 orders, notices and statements of rights to be given to patients etc
24. Treatment of patients to whom level 1 orders apply
Division 3--Level 2 detention and treatment orders
25. Level 2 detention and treatment orders
26. Notices and reports relating to level 2 orders
27. Copies of level 2 orders and notices to be given to patients etc
28. Treatment of patients to whom level 2 orders apply
Division 4--Level 3 detention and treatment orders
29. Level 3 detention and treatment orders
30. Chief Psychiatrist to be notified of level 3 orders or their variation or revocation
31. Treatment of patients to whom level 3 orders apply
Division 5--General
32. Detention and treatment orders displace community treatment orders
33. Duty of director of treatment centre to comply with detention and treatment orders
34. Powers required for carrying detention and treatment orders into effect
35. Transfer of patients to whom detention and treatment orders apply
36. Leave of absence of patients detained under detention and treatment orders
37. Persons granted leave of absence to be given statement of rights
38. Cancellation of leave of absence
PART 6--Treatment and care plans
39. Treatment and care plans for voluntary patients
40. Treatment and care plans for patients to whom community treatment orders apply
41. Treatment and care plans for patients to whom detention and treatment orders apply
PART 7--Regulation of prescribed psychiatric treatments
Division 1--ECT
42. ECT
Division 2--Neurosurgery for mental illness
43. Neurosurgery for mental illness
Division 3--Other prescribed psychiatric treatments
44. Other prescribed psychiatric treatments
PART 8--Further protections for persons with mental illness
Division 1--Patients' rights and protections
45. Assistance of interpreters
46. Copies of Board orders, decisions and statements of rights to be given
47. Patients' right to be supported by guardian etc
48. Patients' right to communicate with others outside treatment centre
49. Neglect or ill-treatment
Division 2--Community visitor scheme
50. Community visitors
51. Community visitors' functions
52. Visits to and inspection of treatment centres
53. Requests to see community visitors
54. Reports by Principal Community Visitor
PART 9--Powers relating to persons who have or appear to have mental illness
55. Issuing of patient transport requests
56. Powers of authorised officers relating to persons who have or appear to have mental illness
57. Powers of police officers relating to persons who have or appear to have mental illness
58. Officers may assist each other
59. Roles of various officers
60. Offence to hinder etc officer
PART 10--Arrangements between South Australia and other jurisdictions
Division 1--Preliminary
61. Interpretation
62. Ministerial agreements
63. Requests or approvals relating to actions involving other jurisdictions
64. Powers of South Australian officers under corresponding laws or Ministerial agreement
65. Regulations may modify operation of Part
Division 2--Community treatment orders
66. South Australian community treatment orders and treatment in other jurisdictions
67. Powers of interstate officers
68. Interstate community treatment orders and treatment in South Australia
69. Making of South Australian community treatment orders when interstate orders apply
Division 3--Transfer to or from South Australian treatment centres
70. Transfer from South Australian treatment centres
71. Transfer to South Australian treatment centres
72. Patient transport requests
73. Powers when patient transport request issued
Division 4--Transport to other jurisdictions
74. Transport to other jurisdictions when South Australian detention and treatment orders apply
75. Transport to other jurisdictions of persons with apparent mental illness
76. Transport to other jurisdictions when interstate detention and treatment orders apply
Division 5--Transport to South Australia
77. Transport to South Australia when South Australian detention and treatment orders apply
78. Transport to South Australia of persons with apparent mental illness
PART 11--Reviews and appeals
Division 1--Reviews
79. Reviews
80. Decisions and reports on reviews
Division 2--Appeals
81. Appeals to Board against orders (other than Board orders)
82. Operation of orders pending appeal
83. Appeals to Board against transfer to interstate treatment centre
84. Representation on appeals to Board
85. Appeals to District Court and Supreme Court
PART 12--Administration
Division 1--Minister and Chief Executive
86. Minister's functions
87. Delegation by Minister
88. Delegation by Chief Executive
Division 2--Chief Psychiatrist
89. Chief Psychiatrist
90. Chief Psychiatrist's functions
91. Delegation by Chief Psychiatrist
92. Annual report by Chief Psychiatrist
Division 3--Authorised medical practitioners
93. Authorised medical practitioners
Division 4--Authorised health professionals
94. Authorised health professionals
95. Code of practice for authorised health professionals
Division 5--Treatment centres
96. Approved treatment centres
97. Limited treatment centres
98. Register of patients
99. Particulars relating to admission of patients to treatment centres
100. Delegation by directors of treatment centres
PART 13--Miscellaneous
101. Errors in orders etc
102. Offences relating to authorisations and orders
103. Medical practitioners or health professionals not to act in respect of relatives
104. Removing patients from treatment centres
105. Harbouring or assisting patient at large
106. Confidentiality and disclosure of information
107. Prohibition of publication of reports of proceedings
108. Requirements for notice to Board or Chief Psychiatrist
109. Evidentiary provisions
110. Regulations
111. Review of Act
SCHEDULE 1--Certain conduct may not indicate mental illness
SCHEDULE 2--Repeal and transitional provisions
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