South Australian Numbered Acts South Australian Numbered Acts35—Insertion of Part 7 Division A1
Part 7—before Division 1 insert:
Division A1—Prescribed Psychiatric Treatment Panel
41A—Prescribed Psychiatric Treatment Panel
(1) The Prescribed Psychiatric Treatment Panel is established.
(a) the Chief Psychiatrist; and
(b) no more than 8 other persons appointed by the Governor on the recommendation of the Minister, of whom at least—
(i) 1 must be a patient or former patient; and
(ii) 1 must be a carer or former carer; and
(iii) 1 must be a senior psychiatrist; and
(iv) 1 must be a neurosurgeon; and
(v) 1 must be a legal practitioner in this State; and
(vi) 1 must be a person with credentials and experience in bioethics.
(3) A member of the Panel must be a person who, in the opinion of the Minister, is qualified, by reason of his or her knowledge, expertise and experience, to assist the Panel to exercise its functions under this Act.
(4) The Minister must consult with the Chief Psychiatrist before making a recommendation under subsection (2)(b)
.
(5) The Governor may make appointments from time to time in accordance with this section for the purpose of maintaining or increasing the membership of the Panel established under this section.
41B—Conditions of appointment to Panel
(1) An appointed member of the Panel will be appointed for a term of office, not exceeding 5 years, and on conditions specified in the instrument of appointment (and is eligible for reappointment at the expiration of a term of office).
(2) A member of the Panel is entitled to receive such allowances and expenses as the Governor may from time to time determine.
(3) The Governor may, on the recommendation of the Minister, remove an appointed member from office for—
(a) mental or physical incapacity to carry out official duties satisfactorily; or
(b) neglect of duty; or
(c) dishonourable conduct.
(4) A person appointed to the Panel ceases to be a member if the person—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the Tribunal; or
(e) is removed from office under subsection (3)
.
(5) The Minister must consult with the Chief Psychiatrist before making a recommendation under subsection (3)
.
41C—Functions of Panel
The Prescribed Psychiatric Treatment Panel has the following functions in relation to the regulation of prescribed psychiatric treatments:
(a) to conduct a review of the progress of a patient who has, in the course of any 12 month period, received 3 or more courses of ECT treatment;
(b) to conduct a review of the progress of a patient to whom, in the course of any 12 month period, 2 or more episodes of ECT have been administered without consent in reliance on section 42(6);
(c) to authorise the carrying out of neurosurgery on a patient as a treatment for mental illness;
(d) to carry out any other function conferred on the Panel under this Act.
41D—Constitution and proceedings of Panel
(1) The following provisions apply in proceedings before the Prescribed Psychiatric Treatment Panel under this Act:
(a) subject to this section, the Panel may decide its own proceedings;
(b) the Chief Psychiatrist is the presiding member of the Panel;
(c) the Panel will meet at such times and places as required by the Chief Psychiatrist for the purposes of carrying out its functions;
(d) the Panel will be constituted, in relation to a particular matter or matters, by the Chief Psychiatrist and at least 2 other members selected by the Chief Psychiatrist;
(e) a question the Panel is required to decide will be resolved according to the opinion of the majority of them (but, if the opinions on the question are equally divided, the question is to be resolved according to the opinion of the Chief Psychiatrist);
(f) a telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Panel at which the participating members are present.
(2) A decision of the Panel must be recorded in writing and kept by the Chief Psychiatrist.