Mental Health Act 2009 (SA)

South Australia

Mental Health Act 2009

An Act to make provision for the treatment, care and rehabilitation of persons with severe mental illness with the goal of bringing about their recovery as far as is possible; to confer powers to make orders for community treatment, or inpatient treatment, of such persons where required; to provide protections of the freedom and legal rights of persons with mental illness; and for other purposes.

Contents

Part 1—Preliminary

1            Short title
3            Interpretation
4            Application of Act
5            Medical examinations by audio‑visual conferencing
5A          Decision‑making capacity

Part 2—Objects and guiding principles

6 Objects
7 Guiding principles

Part 3—Voluntary inpatients

8 Voluntary inpatients
9 Voluntary inpatients 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          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

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 treatment as inpatient of persons with mental illness

Division 1—Non‑compliance with community treatment orders and making of inpatient treatment orders

20 Non-compliance with community treatment orders and making of inpatient treatment orders

Division 2—Level 1 inpatient treatment orders

21          Level 1 inpatient treatment orders
22          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 inpatient treatment orders

25          Level 2 inpatient treatment orders
26          Notices and reports relating to level 2 orders
27          Copies of level 2 orders, notices and statements of rights to be given to patients etc
28          Treatment of patients to whom level 2 orders apply

Division 4—Level 3 inpatient treatment orders

29          Level 3 inpatient 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          Inpatient treatment orders displace community treatment orders
33          Duty of director of treatment centre to comply with inpatient treatment orders
34          Involuntary inpatients not permitted to leave treatment centre or care and control of staff
34A         Confinement and other powers relating to involuntary inpatients
35          Transfer of involuntary inpatients
36          Leave of absence of involuntary patients
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 inpatient treatment orders apply

Part 7—Regulation of prescribed psychiatric treatments

Division A1—Prescribed Psychiatric Treatment Panel

41A         Prescribed Psychiatric Treatment Panel
41B         Conditions of appointment to Panel
41C         Functions of Panel
41D         Constitution and proceedings of Panel

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 Tribunal's 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
48A         Prohibition on use of spit hoods
49          Neglect or ill-treatment

Division 2—Community visitor scheme

50          Community visitors
51          Community visitors' functions and powers
51A         Delegation by Principal Community Visitor
52          Visits to and inspections of treatment centres
52A         Visits to and inspection of authorised community mental health facilities
52B         Visits and inspections by audiovisual or other electronic means
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

54A         Issuing of patient assistance requests
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
58A         Officers to keep records about exercise of powers under Act
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
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 inpatient treatment orders apply
75          Transport to other jurisdictions of persons with apparent mental illness
76          Transport to other jurisdictions when interstate inpatient treatment orders apply

Division 5—Transport to South Australia

77 Transport to South Australia when South Australian inpatient treatment orders apply
78 Transport to South Australia of persons with apparent mental illness

Part 11—Reviews and appeals

79          Reviews of treatment orders and other matters
80          Decisions and reports on reviews of treatment orders
81          Reviews of orders (other than Tribunal orders)
83          Review of directions for transfer of patients to interstate treatment centres
83A         Reviews and appeals
84          Representation on reviews or appeals

Part 11A—Special provisions relating to Tribunal

85          Tribunal must give notice of proceedings
85A         Reasons for decisions
85B         Representation of person who is subject of proceedings

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 of Chief Psychiatrist

Division 3—Authorised medical practitioners

93 Authorised medical practitioners

Division 4—Authorised mental health professionals

94 Authorised mental health professionals
95 Code of practice for authorised mental health professionals

Division 5—Treatment centres

96          Approved treatment centres
97          Limited treatment centres
97A        Authorised community mental health facilities
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 inpatients from treatment centres
106         Confidentiality and disclosure of information
107         Prohibition of publication of reports of proceedings
108         Requirements for notice to Tribunal or Chief Psychiatrist
109         Evidentiary provision
110         Regulations
111         Review of Act

Schedule 1—Certain conduct may not indicate mental illness

Schedule 2—Transitional provisions

2 Transitional provisions

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary
1—Short title
This Act may be cited as the Mental Health Act 2009.
3—Interpretation

In this Act, unless the contrary intention appears—
absent without leave—see subsection (2);
advance care directive means an advance care directive given under the Advance Care Directives Act 2013 that is in force;
ambulance officer means a person who is—
(a)employed as an ambulance officer, or engaged as a volunteer ambulance officer, with an organisation that provides ambulance services; and
(b)authorised by the chief executive officer of SA Ambulance Service Inc to exercise the powers conferred by this Act on authorised officers;
approved treatment centre means a place determined by the Chief Psychiatrist under Part 12 Division 5 to be an approved treatment centre for the purposes of this Act;
authorised community mental health facility means a facility that is determined by the Chief Psychiatrist under Part 12 Division 5 to be an authorised community mental health facility;
authorised medical practitioner means a person determined by the Chief Psychiatrist under Part 12 Division 3 to be an authorised medical practitioner for the purposes of this Act;
authorised mental health professional means a person determined by the Chief Psychiatrist under Part 12 Division 4 to be an authorised mental health professional for the purposes of this Act;
authorised officer means—
(a)a mental health clinician; or
(b)an ambulance officer; or
(c)a person employed as a medical officer or flight nurse by the Royal Flying Doctor Service of Australia (Central Operations) Incorporated or the Royal Flying Doctor Service of Australia (South Eastern Section); or
(d)a person, or a person of a class, approved by the Chief Psychiatrist, by notice in the Gazette, for the purposes of this definition; or
(e)any other person, or person of a class, prescribed by the regulations for the purposes of this definition;
carer—a person is a carer of another if the person provides ongoing care or assistance to the other as a carer within the meaning of the Carers Recognition Act 2005; the term includes a person who was a carer of another before interruption of the provision of care due to the other's illness;
Chief Executive means the chief executive of the Department;
Chief Psychiatrist means the person appointed to the position of Chief Psychiatrist under Part 12 Division 2;
child means a person under 18 years of age;
community treatment order means—
(a)a level 1 community treatment order; or
(b)a level 2 community treatment order;
community visitor means—
(a)the person appointed to the position of Principal Community Visitor under Part 8 Division 2; or
(b)a person appointed to a position of Community Visitor under Part 8 Division 2;
consent to treatment means effective consent to the treatment;
decision, of the Tribunal, has the same meaning as in the South Australian Civil and Administrative Tribunal Act 2013;
Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;
director of a treatment centre means the person for the time being in charge of the mental health services of the centre;
domestic partner—a person is a domestic partner of another if the person is a domestic partner of the other within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; the term includes a person who was a domestic partner of another before interruption of their shared living arrangements due to the other's illness;
ECT means electro-convulsive therapy;
guardian—a person is a guardian of another if the person is acting or appointed under any Act or law as the guardian of the other;
inpatient in a treatment centre means a person admitted as a patient in a treatment centre;
inpatient treatment order means—
(a)a level 1 inpatient treatment order; or
(b)a level 2 inpatient treatment order; or
(c)a level 3 inpatient treatment order;
internal review means a review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013;
involuntary inpatient means an inpatient who is subject to an inpatient treatment order;
leave of absence—see section 36;
legal practitioner means a person admitted and enrolled as a practitioner of the Supreme Court of South Australia;
level 1 community treatment order—see Part 4 Division 1;
level 1 inpatient treatment order—see Part 5 Division 2;
level 2 community treatment order—see Part 4 Division 2;
level 2 inpatient treatment order—see Part 5 Division 3;
level 3 inpatient treatment order—see Part 5 Division 4;
limited treatment centre means a place determined by the Chief Psychiatrist under Part 12 Division 5 to be a limited treatment centre for the purposes of this Act;
medical agent—a person is a medical agent of another if the person has been appointed under an Act or law to make decisions on behalf of the other about the other's medical treatment;
medical examination means examination of a person and the person's mental health by a medical practitioner or authorised mental health professional;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
mental health clinician means a person of a class of persons who are engaged in the treatment or care of patients and classified by the Chief Psychiatrist as mental health clinicians for the purposes of this Act;
mental illness means any illness or disorder of the mind; see also Schedule 1 (Certain conduct may not indicate mental illness);
neurosurgery for mental illness means leucotomy, amygdaloidotomy, hypothalamotomy, temporal lobectomy, cingulectomy, electrode implantation in the brain or any other brain surgery for the relief of mental illness by the elimination or stimulation of apparently normal brain tissues;
patient, in relation to the provision of mental health services, includes (where the context so requires) the following:
(a)a voluntary inpatient;
(b)a person to whom a community treatment order applies;
(c)a person to whom an inpatient treatment order applies;
(d)a person to whom section 56 applies;
(e)a person with a mental illness (within the meaning of this Act) who is liable to a supervision order under Part 8A of the Criminal Law Consolidation Act 1935;
patient assistance request means a patient assistance request issued under Part 9;
patient transport request means a patient transport request issued under Part 9 or Part 10;
prescribed psychiatric treatment means—
(a)ECT; or
(b)neurosurgery for mental illness; or
(c)any other treatment declared by the regulations to be prescribed psychiatric treatment;
Prescribed Psychiatric Treatment Panel or Panel means the Prescribed Psychiatric Treatment Panel established under Part 7 Division A1;
psychiatrist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the medical profession; and
(b)holding specialist registration as a psychiatrist;
Public Advocate means the person holding or acting in the office of Public Advocate under the Guardianship and Administration Act 1993;
relative—a person is a relative of another if—
(a)the person is related to the other by blood or marriage; or
(b)the person is a domestic partner of the other; or
(c)the person is of Aboriginal or Torres Strait Islander descent and related to the other according to Aboriginal kinship rules, or Torres Strait Islander kinship rules, as the case may require;
restrictive practice, in relation to a patient, includes—
(a)the use of physical, mechanical or chemical means to restrain the patient; and
(b)seclusion or the confinement of the patient on his or her own in an area from which he or she cannot leave of his or her own volition;
senior psychiatrist means a person who has, since qualifying for registration as a specialist in psychiatry, had at least 5 years' experience as a practising psychiatrist;
staff of a treatment centre means the director of the centre or any person performing duties involved in the administration or operations of the centre, whether under a contract of employment or some other contractual arrangement;
substitute decision‑maker, in respect of a person, means a substitute decision‑maker appointed under an advance care directive given by the person under the Advance Care Directives Act 2013 that is in force;
treatment or medical treatment means treatment or procedures administered or carried out by a medical practitioner or other health professional in the course of professional practice, and includes the prescription or supply of drugs;
treatment centre means an approved treatment centre or a limited treatment centre;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
voluntary community patient means a person receiving treatment, care and rehabilitation services for a mental illness in an authorised community mental health facility;
voluntary inpatient means an inpatient who is not subject to an inpatient treatment order.
For the purposes of this Act, a patient will be taken to be absent without leave if—
(a)an inpatient treatment order applies to the patient; and
(b)the patient—
(i)has not been taken into, or remained in, the care and control of treatment centre staff or an authorised officer or police officer after the making of the order and before admission to a treatment centre; or
(ii)has left a treatment centre in which he or she was an involuntary inpatient, or the care and control of treatment centre staff, without leave of absence under Part 5 Division 5; or
(iii)has been granted leave of absence from a treatment centre under Part 5 Division 5 but has not returned to the centre, or been taken into the care and control of treatment centre staff or an authorised officer or police officer, by the expiry of the leave or after cancellation of the leave.
For the purposes of this Act, a form that has been approved by the Chief Psychiatrist must—
(a)be published on the Department's website; and
(b)be used for the purposes specified in the form; and
(c)contain the information required by, and be presented and completed in accordance with, any instruction contained in the form; and
(d)be lodged in the manner and form required by the Chief Psychiatrist.

4—Application of Act

This Act applies to children in the same way as to persons of full age, subject to the following:
(a)a right conferred on a person under this Act may, if the person is a child under 16 years of age, be exercised by a parent or guardian of the child on behalf of the child;
(b)an obligation under this Act to give a document to a person is, if the person is a child under 16 years of age, to be treated as an obligation to give the document to a parent or guardian of the child, and operates to the exclusion of any further obligation under this Act to send or give the document to a guardian, medical agent, relative, carer or friend;
(c)an obligation under this Act to give information to a person (including information about the person's illness, any order that applies to the person, his or her legal rights, the treatment and other services that are to be provided or offered to the person and what alternatives are available) is, if the person is a child under 16 years of age, to be treated as an obligation to give the information to a parent or guardian of the child.

(2)Subsection (1) does not affect the operation of a provision of this Act that expressly relates to a child or children.

Subject to an express provision of this Act or of any other Act, this Act is in addition to and does not derogate from—
(a)the Advance Care Directives Act 2013; and
(b)the Consent to Medical Treatment and Palliative Care Act 1995; and
(c)the Guardianship and Administration Act 1993.

5—Medical examinations by audio‑visual conferencing

A reference in this Act to medical examination or examination of a person by a medical practitioner or authorised mental health professional includes, if it is not practicable in the circumstances for a medical practitioner or authorised mental health professional to carry out an examination of the person in the person's physical presence, a reference to an examination of the person by the medical practitioner or authorised mental health professional by means of audio‑visual conferencing.
In this section—
audio‑visual conferencing means any system of two‑way communication linking different places so that a person speaking at any 1 of the places can be seen and heard at the other.

5A—Decision‑making capacity

A person is, in the absence of evidence or a law of the State to the contrary, to be presumed to have full decision‑making capacity in respect of decisions about his or her health care, residential and accommodation arrangements and personal affairs.
For the purposes of this Act, a person will be taken to have impaired decision‑making capacity in respect of a particular decision if—
(a)the person is not capable of—
(i)understanding any information that may be relevant to the decision (including information relating to the consequences of making a particular decision); or
(ii)retaining such information; or
(iii)using such information in the course of making the decision; or
(iv)communicating his or her decision in any manner; or
(b)in the case of a person who has given an advance care directive—the person has satisfied any requirement in the advance care directive that sets out when the person is to be considered to have impaired decision‑making capacity (however described) in respect of a decision of the relevant kind.
For the purposes of this Act—
(a)a person will not be taken to be incapable of understanding information merely because the person is not able to understand matters of a technical or trivial nature; and
(b)a person will not be taken to be incapable of retaining information merely because the person can only retain the information for a limited time; and
(c)a person may fluctuate between having impaired decision‑making capacity and full decision‑making capacity; and
(d)a person's decision‑making capacity will not be taken to be impaired merely because a decision made by the person results, or may result, in an adverse outcome for the person.

Part 2—Objects and guiding principles
6—Objects
The objects of this Act are—
(a)to ensure that persons with severe mental illness—
(i)receive a comprehensive range of services of the highest standard for their treatment, care and rehabilitation with the goal of bringing about their recovery as far as is possible; and

(ii)retain their freedom, rights, dignity and self‑respect as far as is consistent with their protection, the protection of the public and the proper delivery of the services; and

(b)for that purpose, to confer appropriately limited powers to make orders for community treatment, or inpatient treatment, of such persons where required.

7—Guiding principles

The Minister, the Tribunal, the Chief Psychiatrist, health professionals and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the performance of their functions:
(a)mental health services should be designed to bring about the best therapeutic outcomes for patients, and, as far as possible, their recovery and participation in community life;
(ab)mental health services should meet the highest levels of quality and safety;
(ac)mental health services should (subject to this Act or any other Act) be provided in accordance with international treaties and agreements to which Australia is a signatory;
(b)mental health services should be provided on a voluntary basis as far as possible, and otherwise in the least restrictive way and in the least restrictive environment that is consistent with their efficacy and public safety, and at places as near as practicable to where the patients, or their families or other carers or supporters, reside;
(c)mental health services should be governed by comprehensive treatment and care plans that are developed in a multi‑disciplinary framework in consultation with the patients (including children) and their family or other carers or supporters;
(ca)mental health services should take into account—
(i)the different developmental stages of infants, children, young persons, adults and older persons; and
(ii)the gender or gender identity, or the sexuality or sexual identity or orientation, of persons; and
(iii)the particular needs of persons with disability; and
(iv)in the case of persons of Aboriginal or Torres Strait Islander descent—the persons' traditional beliefs and practices and, when practicable and appropriate, involve collaboration with health workers and traditional healers from their communities; and
(v)the cultural and linguistic backgrounds of persons; and
(vi)the background, circumstances and particular needs of persons who have experienced torture or trauma;
(d)there should be regular medical examination of every patient's mental and physical health and regular medical review of any order applying to the patient;
(e)children and young persons should be cared for and treated separately from other patients as necessary to enable the care and treatment to be tailored to their different developmental stages;
(f)the rights, welfare and safety of the children and other dependants of patients should always be considered and protected as far as possible;
(g)medication should be used only for therapeutic purposes or safety reasons and not as a punishment or for the convenience of others;
(h)restrictive practices should be used only as a last resort for safety reasons and not as a punishment or for the convenience of others;
(i)patients (together with their family or other carers or supporters) should be provided with comprehensive information about their illnesses, any orders that apply to them, their legal rights, the treatments and other services that are to be provided or offered to them and what alternatives are available;
(j)information should be provided in a way that ensures as far as practicable that it can be understood by those to whom it is provided.
In this section—
mental health services means all services involved in the treatment, care and rehabilitation of persons with severe mental illness, including the making and carrying out of orders under this Act and services to assist the recovery of patients after the termination of the orders or the completion of treatment;
patient includes a voluntary community patient.

Part 3—Voluntary inpatients
8—Voluntary inpatients

A person may be admitted as a voluntary inpatient in a treatment centre at his or her own request.
A person admitted as a voluntary inpatient in a treatment centre may leave the centre at any time unless an inpatient treatment order then applies to the person.

9—Voluntary inpatients to be given statement of rights

The director of a treatment centre must ensure that a voluntary inpatient in the centre is given, as soon as practicable after admission, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—
(a)informing the patient of his or her legal rights; and
(b)containing any other information prescribed by the regulations.
If a patient is unable to read or otherwise comprehend the statement of rights, the director must ensure that any steps that are practicable in the circumstances are taken to convey the information contained in the statement to the patient.
Subject to subsection (4), the director must cause a copy of the statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.
The following provisions apply for the purposes of subsection (3):
(a)the person to be sent or given a copy of the statement of rights must be—
(i)a guardian, medical agent, relative, carer or friend of the patient nominated by the patient for the purpose; or
(ii)if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or
(iii)if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give a copy of the statement;
(b)the director is not required to send or give a copy of the statement to a person whose whereabouts are not known to or readily ascertainable by the director;
(c)it is not appropriate for the director to send or give a copy of the statement to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.

Part 4—Orders for treatment of persons with mental illness
Division 1—Level 1 community treatment orders
10—Level 1 community treatment orders

A medical practitioner or authorised mental health professional may make an order for the treatment of a person (a level 1 community treatment order) if it appears to the medical practitioner or authorised mental health professional, after examining the person, that—
(a)the person has a mental illness; and
(b)because of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and
(c)the person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and
(d)there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness.
In considering whether there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis.
A level 1 community treatment order must be made in writing in the form approved by the Chief Psychiatrist.
A level 1 community treatment order, unless earlier revoked, expires at a time fixed in the order which must be 2 pm on a business day not later than 42 days after the day on which it is made.
On the making of a level 1 community treatment order, the following provisions apply:
(a)the patient must be examined by a psychiatrist or authorised medical practitioner, who must, if the order was made by a psychiatrist or authorised medical practitioner, be a different psychiatrist or authorised medical practitioner from whomever made the order;
(b)the examination must occur within 24 hours of the making of the order;
(c)if it is not practicable for the examination to occur within that period, it must occur as soon as practicable thereafter;
(d)after completion of the examination, the psychiatrist or authorised medical practitioner may confirm the level 1 community treatment order if satisfied that the grounds referred to in subsection (1) exist for the making of a level 1 community treatment order, but otherwise must revoke the order.
A medical practitioner or authorised mental health professional may form an opinion about a person under subsection (1) or (5) based on his or her own observations and any other available evidence that he or she considers reliable and relevant (which may include evidence about matters occurring outside the State).
A psychiatrist or authorised medical practitioner who has examined a patient to whom a level 1 community treatment order applies may vary or revoke the order at any time.
Note—
A psychiatrist or authorised medical practitioner who revokes a level 1 community treatment order may, in substitution, make a level 1 inpatient treatment order under Part 5 Division 2.
Confirmation, variation or revocation of a level 1 community treatment order must be effected by notice in the form approved by the Chief Psychiatrist.

11—Chief Psychiatrist to be notified of level 1 orders or their variation or revocation

A psychiatrist or authorised medical practitioner making, confirming, varying or revoking a level 1 community treatment order must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.
The Chief Psychiatrist must, within 1 business day, by written notice sent or given to the psychiatrist or authorised medical practitioner, acknowledge receipt by the Chief Psychiatrist of a notice under subsection (1).

12—Copies of level 1 orders, notices and statements of rights to be given to patients etc

A medical practitioner or authorised mental health professional making a level 1 community treatment order must ensure that the patient is given, as soon as practicable, a copy of the order.
A medical practitioner or authorised mental health professional making a level 1 community treatment order must ensure that the patient is given, as soon as practicable, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—
(a)informing the patient of his or her legal rights; and
(b)containing any other information prescribed by the regulations.
If a patient is unable to read or otherwise comprehend the statement of rights, the medical practitioner or authorised mental health professional must ensure that any steps that are practicable in the circumstances are taken to convey the information contained in the statement to the patient.
Subject to subsection (6), a psychiatrist or authorised medical practitioner making or confirming a level 1 community treatment order must cause a copy of the order and statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.
If a level 1 community treatment order is varied or revoked, the psychiatrist or authorised medical practitioner varying or revoking the order must—
(a)ensure that the patient is given, as soon as practicable, a copy of the notice of variation or revocation of the order; and
(b)subject to subsection (6), cause a copy of the notice of variation or revocation to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.
The following provisions apply for the purposes of subsections (4) and (5)(b):
(a)the person to be sent or given a copy of the order and statement of rights, or notice of variation or revocation, must be—
(i)a guardian, medical agent, relative, carer or friend of the patient nominated by the patient for the purpose; or
(ii)if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or
(iii)if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give the copy of the order and statement, or notice of variation or revocation;
(b)the psychiatrist or authorised medical practitioner is not required to send or give a copy of the order and statement, or notice of variation or revocation, to a person whose whereabouts are not known to or readily ascertainable by the psychiatrist or authorised medical practitioner;
(c)it is not appropriate for the psychiatrist or authorised medical practitioner to send or give a copy of the order and statement, or notice of variation or revocation, to a particular person if the psychiatrist or authorised medical practitioner has reason to believe that it would be contrary to the patient's best interests to do so.

13—Treatment of patients to whom level 1 orders apply

Subject to subsection (2), a patient to whom a level 1 community treatment order applies may be given treatment for his or her mental illness of a kind authorised by a psychiatrist or authorised medical practitioner who has examined the patient.
Authorisation is not required under subsection (1) for treatment if a medical practitioner considers that—
(a)the nature of the patient's mental illness is such that the treatment is urgently needed for the patient's well‑being; and
(b)in the circumstances it is not practicable to obtain that authorisation.
The treatment may be given despite the absence or refusal of consent to the treatment.
This section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.

14—Chief Psychiatrist to ensure monitoring of compliance with level 1 orders
The Chief Psychiatrist must, after receiving notice of the making of a level 1 community treatment order, ensure that there is a mental health clinician who has ongoing responsibility for monitoring and reporting to the Chief Psychiatrist on the patient's compliance with the order.

Division 2—Level 2 community treatment orders
16—Level 2 community treatment orders

If the Tribunal is satisfied that—
(a)a person has a mental illness; and
(b)because of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and
(c)the person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and
(d)there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness,
the Tribunal may make an order for the treatment of the person (a level 2 community treatment order).

In considering whether there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis.
A level 2 community treatment order may be made in respect of a person—
(a)on an application to the Tribunal for the Tribunal's decision as to whether it should make a community treatment order in respect of the person (whether or not a level 1 community treatment order has been made in respect of the person); or
(c)on an application to the Tribunal under Part 5 Division 4 for the revocation of a level 3 inpatient treatment order that applies to the person.
An application may be made to the Tribunal for the Tribunal's decision as to whether it should make a community treatment order in respect of a person by—
(a)the Public Advocate; or
(b)a medical practitioner; or
(c)a mental health clinician; or
(d)a guardian, medical agent, relative, carer or friend of the person; or
(e)any other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient.

(4a)A level 1 community treatment order applying in relation to a person is taken to be revoked on the making of a level 2 community treatment order in relation to the person.

A level 2 community treatment order, unless earlier revoked, expires at a time fixed in the order which must be—
(a)in the case of an order relating to a child—2 pm on a business day not later than 6 calendar months after the day on which it is made; or
(b)in any other case—2 pm on a business day not later than 12 calendar months after the day on which it is made.
A registrar of the Tribunal must, not less than 2 months before the expiry of a level 2 community treatment order that has a period of operation of more than 6 months, send to the applicant (if any) for the order, the Public Advocate and to any other person who it appears to the registrar may have a proper interest in the welfare of the patient a written reminder of the date of expiry of the order.
The Tribunal may, on application, by order, vary or revoke a level 2 community treatment order at any time.
An application for variation or revocation of a level 2 community treatment order may be made by—
(a)the patient; or
(b)the Public Advocate; or
(c)a medical practitioner; or
(d)a mental health clinician; or
(e)a guardian, medical agent, relative, carer or friend of the patient; or
(f)any other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient.

17—Chief Psychiatrist to be notified of level 2 orders or their variation or revocation
A registrar of the Tribunal must ensure that the Chief Psychiatrist is notified, within 1 business day, of the making, variation or revocation of a level 2 community treatment order by the Tribunal.
18—Treatment of patients to whom level 2 orders apply

Subject to subsection (2), a patient to whom a level 2 community treatment order applies may be given treatment for his or her mental illness of a kind authorised by a psychiatrist or authorised medical practitioner who has examined the patient.
Authorisation is not required under subsection (1) for treatment if a medical practitioner considers that—
(a)the nature of the patient's mental illness is such that the treatment is urgently needed for the patient's well‑being; and
(b)in the circumstances it is not practicable to obtain that authorisation.
Treatment may be given under this section despite the absence or refusal of consent to the treatment.
This section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.

Note—
Under Part 6, the treatment and care of a patient to whom a level 2 community treatment order applies is to be governed by a treatment and care plan.
19—Chief Psychiatrist to ensure monitoring of compliance with level 2 orders
The Chief Psychiatrist must ensure that for each patient to whom a level 2 community treatment order applies there is a mental health clinician who has ongoing responsibility for monitoring and reporting to the Chief Psychiatrist on the patient's compliance with the order.

Part 5—Orders for treatment as inpatient of persons with mental illness
Division 1—Non‑compliance with community treatment orders and making of inpatient treatment orders
20—Non-compliance with community treatment orders and making of inpatient treatment orders

A person's refusal or failure to comply with a community treatment order is a relevant consideration in deciding whether an inpatient treatment order should be made in respect of the person under this Part.
However, nothing in this Act prevents the making of an inpatient treatment order under this Part in respect of a person without a prior community treatment order having been made in respect of the person if an inpatient treatment order is required in the particular circumstances.

Division 2—Level 1 inpatient treatment orders
21—Level 1 inpatient treatment orders

A medical practitioner or authorised mental health professional may make an order that a person receive treatment as an inpatient in a treatment centre (a level 1 inpatient treatment order) if it appears to the medical practitioner or authorised mental health professional, after examining the person, that—
(a)the person has a mental illness; and
(b)because of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and
(ba)the person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and
(c)there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness.
In considering whether there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or in compliance with a community treatment order.
A level 1 inpatient treatment order must be made in writing in the form approved by the Chief Psychiatrist.
A level 1 inpatient treatment order, unless earlier revoked, expires at a time fixed in the order which must be 2 pm on a business day not later than 7 days after the day on which it is made.
On the making of a level 1 inpatient treatment order, the following provisions apply:
(a)the patient must be examined by a psychiatrist or authorised medical practitioner, who must, if the order was made by a psychiatrist or authorised medical practitioner, be a different psychiatrist or authorised medical practitioner;
(b)the examination must occur within 24 hours of the making of the order;
(c)if it is not practicable for the examination to occur within that period, it must occur as soon as practicable thereafter;
(d)after completion of the examination, the psychiatrist or authorised medical practitioner may confirm the level 1 inpatient treatment order if satisfied that the grounds referred to in subsection (1) exist for the making of a level 1 inpatient treatment order, but otherwise must revoke the order.
A medical practitioner or authorised mental health professional may form an opinion about a person under subsection (1) or (5) based on his or her own observations and any other available evidence that he or she considers reliable and relevant (which may include evidence about matters occurring outside the State).
A psychiatrist or authorised medical practitioner who has examined a patient to whom a level 1 inpatient treatment order applies may revoke the order at any time.
Note—
A psychiatrist or authorised medical practitioner who revokes a level 1 inpatient treatment order may, in substitution, make a level 1 community treatment order under Part 4 Division 1.
Confirmation or revocation of a level 1 inpatient treatment order must be effected by notice in the form approved by the Chief Psychiatrist.

22—Chief Psychiatrist to be notified of level 1 orders or their revocation

A psychiatrist or authorised medical practitioner making, confirming or revoking a level 1 inpatient treatment order must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.
If the order is made within 7 days after the expiry or revocation of a previous inpatient treatment order applying to the same person, the Chief Psychiatrist must ensure that the Tribunal is given a copy of the notice referred to in subsection (1) within 1 business day of the making of the order.
The Chief Psychiatrist must, within 1 business day, by written notice sent or given to the psychiatrist or authorised medical practitioner, acknowledge receipt by the Chief Psychiatrist of a notice under subsection (1).

23—Copies of level 1 orders, notices and statements of rights to be given to patients etc

A medical practitioner or authorised mental health professional making a level 1 inpatient treatment order must ensure that the patient is given, as soon as practicable, a copy of the order.
A medical practitioner or authorised mental health professional making a level 1 inpatient treatment order must ensure that the patient is given, as soon as practicable, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—
(a)informing the patient of his or her legal rights; and
(b)containing any other information prescribed by the regulations.
If a patient is unable to read or otherwise comprehend the statement of rights, the medical practitioner or authorised mental health professional must ensure that any steps that are practicable in the circumstances are taken to convey the information contained in the statement to the patient.
Subject to subsection (6), the director of a treatment centre in which a patient is first admitted as an inpatient under a level 1 inpatient treatment order must cause a copy of the order and statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.
If a level 1 inpatient treatment order is revoked, the director of the treatment centre in which the patient is admitted as an inpatient must—
(a)ensure that the patient is given, as soon as practicable, a copy of the notice of revocation of the order; and
(b)subject to subsection (6), cause a copy of the notice of revocation to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.
The following provisions apply for the purposes of subsections (4) and (5)(b):
(a)the person to be sent or given a copy of the order and statement of rights, or notice of revocation, must be—
(i)a guardian, medical agent, relative, carer or friend of the patient nominated by the patient for the purpose; or
(ii)if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or
(iii)if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give the copy of the order and statement, or notice of revocation;
(b)the director is not required to send or give a copy of the order and statement, or notice of revocation, to a person whose whereabouts are not known to or readily ascertainable by the director;
(c)it is not appropriate for the director to send or give a copy of the order and statement, or notice of revocation, to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.

24—Treatment of patients to whom level 1 orders apply

A patient to whom a level 1 inpatient treatment order applies may be given treatment for his or her mental illness, or for any other illness that may be causing or contributing to the mental illness, of a kind authorised by a medical practitioner who has examined the patient.
The treatment may be given despite the absence or refusal of consent to the treatment.
Nothing prevents the treatment of a patient to whom a level 1 inpatient treatment order applies before confirmation of the order under this Part.
This section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.
If a medical practitioner authorises treatment of a patient to whom a level 1 inpatient treatment order applies that is treatment of a kind prescribed by the regulations, the medical practitioner must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.

Division 3—Level 2 inpatient treatment orders
25—Level 2 inpatient treatment orders

If a level 1 inpatient treatment order has been made or confirmed by a psychiatrist or authorised medical practitioner under Division 2, a psychiatrist or authorised medical practitioner may, after further examination of the patient carried out before the order expires, make a further order for the treatment of the patient as an inpatient in an approved treatment centre (a level 2 inpatient treatment order).
A psychiatrist or authorised medical practitioner may make a level 2 inpatient treatment order if satisfied that—
(a)the person has a mental illness; and
(b)because of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and
(ba)the person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and
(c)there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness.
In considering whether there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or in compliance with a community treatment order.
A psychiatrist or authorised medical practitioner may form an opinion about a person under subsection (2) based on his or her own observations and any other available evidence that he or she considers reliable and relevant (which may include evidence about matters occurring outside the State).
A level 2 inpatient treatment order must be made in writing in the form approved by the Chief Psychiatrist.
Subject to subsection (7), a level 2 inpatient treatment order, unless earlier revoked, expires at a time fixed in the order which must be 2 pm on a business day not later than 42 days after the day on which it is made.
A level 2 inpatient treatment order may, once only, be extended by a psychiatrist or authorised medical practitioner (other than the psychiatrist or authorised medical practitioner who made the order) who has examined the patient to whom the order applies and, in that case, the order, unless earlier revoked, will expire at a time fixed in the extended order (which must be 2 pm on a business day not later than 42 days from the day on which the order would, had it not been extended, have expired).
A psychiatrist or authorised medical practitioner who has examined a patient to whom a level 2 inpatient treatment order applies may revoke the order at any time.
Note—
A psychiatrist or authorised medical practitioner who revokes a level 2 inpatient treatment order may, in substitution, make a level 1 community treatment order under Part 4 Division 1.
Revocation of a level 2 inpatient treatment order must be effected by notice in the form approved by the Chief Psychiatrist.

26—Notices and reports relating to level 2 orders

A psychiatrist or authorised medical practitioner making or revoking a level 2 inpatient treatment order must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.
If the order extends an inpatient treatment order, the Chief Psychiatrist must ensure that the Tribunal is given a copy of the notice referred to in subsection (1) within 1 business day of the making of the order.
The Chief Psychiatrist must, within 1 business day, by written notice sent or given to the psychiatrist or authorised medical practitioner, acknowledge receipt by the Chief Psychiatrist of a notice under subsection (1).
A psychiatrist or authorised medical practitioner making a level 2 inpatient treatment order must, as soon as practicable, provide to the director of the approved treatment centre in which the patient is or is to be an involuntary inpatient a written report of the results of his or her examination of the patient and of the reasons for making the order.
On receiving a report under subsection (4), the director must forward a copy of the report to the Chief Psychiatrist.

27—Copies of level 2 orders, notices and statements of rights to be given to patients etc

A psychiatrist or authorised medical practitioner making a level 2 inpatient treatment order must ensure that the patient is given, as soon as practicable, a copy of the order.
A psychiatrist or authorised medical practitioner making a level 2 inpatient treatment order must ensure that the patient is given, as soon as practicable, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—
(a)informing the patient of his or her legal rights; and
(b)containing any other information prescribed by the regulations.
If a patient is unable to read or otherwise comprehend the statement of rights, the psychiatrist or authorised medical practitioner must ensure that any steps that are practicable in the circumstances are taken to convey the information contained in the statement to the patient.
Subject to subsection (6), the director of a treatment centre in which a patient is first admitted as an inpatient under a level 2 inpatient treatment order must cause a copy of the order and statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.
If a level 2 inpatient treatment order is revoked, the director of the treatment centre in which the patient is admitted as an inpatient must—
(a)ensure that the patient is given, as soon as practicable, a copy of the notice of revocation of the order; and
(b)subject to subsection (6), cause a copy of the notice of revocation to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.
The following provisions apply for the purposes of subsections (4) and (5)(b):
(a)the person to be sent or given a copy of the order and statement of rights, or notice of revocation must be—
(i)a guardian, medical agent, relative, carer or friend of the patient nominated by the patient for the purpose; or
(ii)if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or
(iii)if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give the copy of the order and statement, or notice of revocation;
(b)the director is not required to send or give a copy of the order and statement, or notice of revocation, to a person whose whereabouts are not known to or readily ascertainable by the director;
(c)it is not appropriate for the director to send or give a copy of the order and statement, or notice of revocation, to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.

28—Treatment of patients to whom level 2 orders apply

A patient to whom a level 2 inpatient treatment order applies may be given treatment for his or her mental illness, or for any other illness that may be causing or contributing to the mental illness, of a kind authorised by a medical practitioner who has examined the patient.
The treatment may be given despite the absence or refusal of consent to the treatment.
This section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.
If a medical practitioner authorises treatment of a patient to whom a level 2 inpatient treatment order applies that is treatment of a kind prescribed by the regulations, the medical practitioner must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.

Note—
Under Part 6, the treatment and care of a patient to whom a level 2 inpatient treatment order applies is to be governed by a treatment and care plan.

Division 4—Level 3 inpatient treatment orders
29—Level 3 inpatient treatment orders

If the Tribunal is satisfied that—
(a)a person has a mental illness; and
(b)because of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and
(ba)the person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and
(c)there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness,
the Tribunal may make an order that the person receive treatment as an inpatient in an approved treatment centre (a level 3 inpatient treatment order).
In considering whether there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or in compliance with a community treatment order.
A level 3 inpatient treatment order may be made, on application, in respect of a person to whom a level 1, level 2 or level 3 inpatient treatment order applies.
An application may be made for the Tribunal to make a level 3 inpatient treatment order in respect of a person by the Public Advocate, the director of an approved treatment centre or an employee in an approved treatment centre authorised by the director of the centre for the purpose.

(4a)A level 1 or 2 inpatient treatment order applying in relation to a person is taken to be revoked on the making of a level 3 inpatient treatment order in relation to the person.

A level 3 inpatient treatment order, unless earlier revoked, expires at a time fixed in the order which must be—
(a)in the case of an order relating to a child—2 pm on a business day not later than 6 calendar months after the day on which it is made; or
(b)in any other case—2 pm on a business day not later than 12 calendar months after the day on which it is made.
The Tribunal may, on application, by order, vary or revoke a level 3 inpatient treatment order at any time.
An application for variation or revocation of a level 3 inpatient treatment order may be made by—
(a)the patient; or
(b)the Public Advocate; or
(c)a medical practitioner; or
(d)a mental health clinician; or
(e)a guardian, medical agent, relative, carer or friend of the patient; or
(f)any other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient.

Note—
If the Tribunal revokes a level 3 inpatient treatment order, it may, in substitution, make a level 2 community treatment order under Part 4 Division 2.
30—Chief Psychiatrist to be notified of level 3 orders or their variation or revocation
A registrar of the Tribunal must ensure that the Chief Psychiatrist is notified, within 1 business day, of the making, variation or revocation of a level 3 inpatient treatment order by the Tribunal.
31—Treatment of patients to whom level 3 orders apply

A patient to whom a level 3 inpatient treatment order applies may be given treatment for his or her mental illness, or for any other illness that may be causing or contributing to the mental illness, of a kind authorised by a medical practitioner who has examined the patient.
Treatment may be given under this section despite the absence or refusal of consent to the treatment.
This section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993.
If a medical practitioner authorises treatment of a patient to whom a level 3 inpatient treatment order applies that is treatment of a kind prescribed by the regulations, the medical practitioner must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist.

Note—
Under Part 6, the treatment and care of a patient to whom a level 2 or level 3 inpatient treatment order applies is to be governed by a treatment and care plan.

Division 5—General
32—Inpatient treatment orders displace community treatment orders
If an inpatient treatment order is made in respect of a person to whom a community treatment order applies and the community treatment order is not revoked, the requirements of the community treatment order do not apply for the period of operation of the inpatient treatment order (and if the community treatment order remains in force at the end of that period, the requirements of the order will apply again according to their terms).
33—Duty of director of treatment centre to comply with inpatient treatment orders

This section applies when—
(a)a person to whom an inpatient treatment order applies is in the care and control of treatment centre staff; or
(b)an inpatient treatment order is made in respect of a voluntary inpatient.
Subject to section 35, the director of the treatment centre must—
(a)if the person is not already admitted to the centre, admit the person to the centre; and
(b)comply with the inpatient treatment order.

Note—
The treatment centre must, in the case of a patient to whom a level 2 or level 3 inpatient treatment order applies, be an approved treatment centre (not a limited treatment centre).
34—Involuntary inpatients not permitted to leave treatment centre or care and control of staff

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.
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.
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

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.
Treatment centre staff may take measures for the confinement of the patient, and exercise powers (including the power to restrain the patient and otherwise use force in relation to the patient), as reasonably required in the circumstances—
(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.
35—Transfer of involuntary inpatients

If the director of a treatment centre considers it is necessary or appropriate for an involuntary inpatient to be transferred from the centre to another treatment centre, the director may give a direction for the patient to be transferred to the other treatment centre, after first arranging with the director of the other centre for the patient's admission to that centre.
Note—
The other treatment centre must, in the case of a patient to whom a level 2 or level 3 inpatient treatment order applies, be an approved treatment centre (not a limited treatment centre).
The director of a treatment centre may give a direction—
(a)for an involuntary inpatient to be transferred to a hospital, or between hospitals, in circumstances where the patient has or has had an illness other than a mental illness, after first arranging with the person in charge of the relevant hospital for the patient's admission to the hospital; and
(b)for the patient's transfer back to the treatment centre after completion of the hospital treatment.
If an involuntary inpatient has been transferred to a hospital as a result of a direction under this section—
(a)the patient is, while in the care and control of staff of the hospital to be taken to continue in the care and control of the treatment centre staff; and
(b)staff of the hospital may exercise the powers conferred by section 34 in relation to the patient as if they were treatment centre staff.
A direction under this section must be given by writing in the form approved by the Minister.
Subject to subsection (6), if the patient has been admitted to the centre, the director must notify a guardian, medical agent, relative, carer or friend of the patient on giving a direction under this section for the transfer of the patient from the centre.
The following provisions apply for the purposes of subsection (5):
(a)the notification must be given by writing in the form approved by the Chief Psychiatrist;
(b)the person to be notified must be—
(i)a guardian, medical agent, relative, carer or friend of the patient nominated by the patient for the purpose; or
(ii)if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or
(iii)if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient whom it is practicable and appropriate to notify;
(c)the director is not required to notify a person whose whereabouts are not known to or readily ascertainable by the director;
(d)it is not appropriate for the director to notify a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.

36—Leave of absence of involuntary patients

The director of a treatment centre may, by a statement in writing in the form approved by the Chief Psychiatrist, grant an involuntary inpatient leave of absence from the centre for any purpose and period that the director considers appropriate and specifies in the notice.
Leave of absence may be granted subject to any conditions that the director considers appropriate and specifies in the notice.
The director must ensure that the patient is given a copy of the notice by which the patient is granted leave of absence before the patient commences the leave.

37—Persons granted leave of absence to be given statement of rights

The director of a treatment centre who grants an involuntary inpatient leave of absence from the centre must ensure that the patient is given, before the patient commences the leave, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)—
(a)informing the patient of his or her legal rights; and
(b)containing any other information prescribed by the regulations.
If the patient is unable to read or otherwise comprehend the statement of rights, the director must take any steps that are practicable in the circumstances to convey the information contained in the statement to the patient.
Subject to subsection (4), the director must cause a copy of the statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable.
The following provisions apply for the purposes of subsection (3):
(a)the person to be sent or given a copy of the statement of rights must be—
(i)a guardian, medical agent, relative, carer or friend of the patient nominated by the patient for the purpose; or
(ii)if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or
(iii)if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give a copy of the statement;
(b)the director is not required to send or give a copy of the statement to a person whose whereabouts are not known to or readily ascertainable by the director;
(c)it is not appropriate for the director to send or give a copy of the statement to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.

38—Cancellation of leave of absence

The director of a treatment centre may, by notice in the form approved by the Chief Psychiatrist, cancel any leave of absence from the centre granted to a patient under this Division.
The director has an absolute discretion to cancel any such leave.
The director must cause reasonable steps to be taken for the notice of cancellation to be given to the patient before, or as soon as practicable after, the patient is taken back into the care and control of treatment centre staff.

Part 6—Treatment and care plans
39—Treatment and care plans for voluntary patients

The treatment and care of a voluntary patient must, as far as practicable, be governed by a treatment and care plan directed towards the patient's recovery.
The treatment and care plan—
(a)must describe the treatment and care that will be provided to the patient at the treatment centre and should describe any rehabilitation services and other significant services that will be provided or made available to the patient; and
(b)must, as far as practicable, be prepared and revised in consultation with—
(i)the patient and any guardian, medical agent, relative, carer or friend of the patient who is providing support to the patient under this Act; and
(ii)any service provider or agency that is providing treatment, care or support to the patient; and
(c)must comply with the requirements of the regulations as to the making or contents of such plans.
In this section—
voluntary patient means—
(a)a voluntary community patient; or
(b)a voluntary inpatient.

40—Treatment and care plans for patients to whom community treatment orders apply

The treatment and care of a patient to whom a level 2 community treatment order applies must, as far as practicable, be governed by a treatment and care plan directed towards the patient's recovery.
The treatment and care plan—
(a)must describe the treatment and care that will be provided to the patient under the requirements of the order and should describe any rehabilitation services and other significant services that will be provided or available to the patient whether under the requirements of the order or through the patient's voluntary participation; and
(b)must, as far as practicable, be prepared and revised in consultation with—
(i)the patient and any guardian, medical agent, relative, carer or friend of the patient who is providing support to the patient under this Act; and
(ii)any service provider or agency that is providing treatment, care or support to the patient; and
(c)must comply with the requirements of the regulations as to the making or contents of such plans.

41—Treatment and care plans for patients to whom inpatient treatment orders apply

The treatment and care of a patient to whom a level 2 or level 3 inpatient treatment order applies must, as far as practicable, be governed by a treatment and care plan directed towards the patient's recovery.
The treatment and care plan—
(a)must describe the treatment and care that will be provided to the patient as an inpatient in the approved treatment centre and should describe any rehabilitation services and other significant services that will be provided or available to the patient as an inpatient in the treatment centre or following the person's discharge from the centre; and
(b)must, as far as practicable, be prepared and revised in consultation with—
(i)the patient and any guardian, medical agent, relative, carer or friend of the patient who is providing support to the patient under this Act; and
(ii)any service provider or agency that is providing treatment, care or support to the patient; and
(c)must comply with the requirements of the regulations as to the making or contents of such plans.

Part 7—Regulation of prescribed psychiatric treatments
Division A1—Prescribed Psychiatric Treatment Panel
41A—Prescribed Psychiatric Treatment Panel

The Prescribed Psychiatric Treatment Panel is established.
The Panel consists of—
(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.
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.
The Minister must consult with the Chief Psychiatrist before making a recommendation under subsection (2)(b).
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

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).
A member of the Panel is entitled to receive such allowances and expenses as the Governor may from time to time determine.
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.
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).
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:

102—Offences relating to authorisations and orders

A medical practitioner or authorised mental health professional who signs any authorisation or order for the purposes of this Act, without having examined the person to whom the authorisation or order relates, is guilty of an offence.
Maximum penalty: $25 000 or imprisonment for 2 years.

(2)Subsection (1) does not apply to action of the Chief Psychiatrist under section 69.

A medical practitioner or authorised mental health professional who—
(a)certifies that a person has a mental illness, not believing the person to have a mental illness; or
(b)makes a statement in an authorisation or order given or made under or for the purposes of this Act, or in a record kept in respect of a person to whom such an authorisation or order applies, knowing the statement to be false or misleading,
is guilty of an offence.
Maximum penalty: $25 000 or imprisonment for 2 years.
A person who, not being a medical practitioner or authorised mental health professional—
(a)signs any certificate or order for the purposes of this Act in which he or she describes himself or herself as, or pretends to be, a medical practitioner or authorised mental health professional; or
(b)otherwise purports to act under this Act in the capacity of a medical practitioner or authorised mental health professional,
is guilty of an offence.
Maximum penalty: $25 000 or imprisonment for 2 years.
A person who, by fraudulent means, procures or attempts to procure any person who does not have a mental illness to be received into a treatment centre, or to be treated as a person to whom an order applies under this Act, is guilty of an offence.
Maximum penalty: $25 000 or imprisonment for 2 years.

103—Medical practitioners or health professionals not to act in respect of relatives
A medical practitioner or authorised mental health professional cannot sign any authorisation, certificate or order under this Act relating to the treatment of a person to whom the medical practitioner or authorised mental health professional is related by blood or marriage, or who is the domestic partner of the medical practitioner or authorised mental health professional.
104—Removing inpatients from treatment centres
A person must not, without lawful excuse, remove an involuntary inpatient from a treatment centre, or aid such a patient to leave the centre.
Maximum penalty: $25 000 or imprisonment for 2 years.
106—Confidentiality and disclosure of information

Subject to subsection (2), a person engaged or formerly engaged in the administration of this Act must not disclose personal information relating to a person obtained in the course of administration of this Act except to the extent that he or she may be authorised or required to disclose that information by—
(a)the Chief Executive; or
(b)in the case of information obtained while working at an incorporated hospital under the Health Care Act 2008 or the SA Ambulance Service Inc (SAAS)—by the hospital or SAAS (as the case requires).
Maximum penalty: $25 000.

(2)Subsection (1) does not prevent a person from—
(a)disclosing information as required by law, or as required for the administration of this Act or a law of another State or a Territory of the Commonwealth; or
(b)disclosing information at the request, or with the consent, of the person to whom the information relates or a guardian or medical agent of the person; or
(c)disclosing information to a relative, carer or friend of the person to whom the information relates if—
(i)the disclosure is reasonably required for the treatment, care or rehabilitation of the person; and

(ii)there is no reason to believe that the disclosure would be contrary to the person's best interests; or

(d)subject to the regulations (if any)—
(i)disclosing information to a health or other service provider if the disclosure is reasonably required for the treatment, care or rehabilitation of the person to whom the information relates; or

(ii)disclosing information by entering the information into an electronic records system established for the purpose of enabling the recording or sharing of information in or between persons or bodies involved in the provision of health services; or
(iii)disclosing information to such extent as is reasonably required in connection with the management or administration of the Department, a hospital or SA Ambulance Service Inc (including for the purposes of charging for a service); or

(e)disclosing information if the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person, or a serious threat to public health or safety; or
(f)disclosing information for medical or social research purposes if the research methodology has been approved by an ethics committee and there is no reason to believe that the disclosure would be contrary to the person's best interests; or
(g)disclosing information in accordance with the regulations.

(3)Subsection (2)(c) does not authorise the disclosure of personal information in contravention of a direction given by the person to whom the information relates.
(4)Subsection (3) does not apply to a person to whom a community treatment order or inpatient treatment order applies.

In this section—
personal information means information or an opinion, whether true or not, relating to a natural person or the affairs of a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

107—Prohibition of publication of reports of proceedings

Subject to subsection (2), a person must not publish a report of any proceedings under this Act.
Maximum penalty: $25 000.
The Tribunal may, on application by a person who the Tribunal is satisfied has a proper interest in the matter, authorise the publication of a report of proceedings before the Tribunal under this Act.
A person who is authorised to publish a report under subsection (2) must not, except as authorised by the Tribunal, disclose any information in the report that identifies, or could tend to identify, the person to whom the proceedings relate.
Maximum penalty: $25 000.

108—Requirements for notice to Tribunal or Chief Psychiatrist
A medical practitioner must not fail, without reasonable excuse, to comply with a provision of this Act requiring the practitioner to send or give a notice to the Tribunal or the Chief Psychiatrist.
Maximum penalty: $1 250.
109—Evidentiary provision
In any legal proceedings—
(a)an apparently genuine document purporting to be a community treatment order, inpatient treatment order or patient transport request will be accepted as such in the absence of proof to the contrary;
(b)an apparently genuine document purporting to be a certificate under the hand of the chief executive officer of SA Ambulance Service Inc and to certify that a person was at a specified time employed as an ambulance officer, or engaged as a volunteer ambulance officer, with an organisation that provides ambulance services and authorised by the chief executive officer of SA Ambulance Service Inc to exercise the powers conferred by this Act on authorised officers will be accepted as proof of the matters so certified in the absence of proof to the contrary;
(c)an apparently genuine document purporting to be a certificate under the hand of the Chief Psychiatrist and to certify that a person was at a specified time classified by the Chief Psychiatrist as a mental health clinician for the purposes of this Act will be accepted as proof of the matters so certified in the absence of proof to the contrary;
(d)an apparently genuine document purporting to be a Ministerial agreement or a request, direction or approval under Part 10 will be accepted as such in the absence of proof to the contrary;
(e)an apparently genuine document purporting to be standards issued by the Chief Psychiatrist with the approval of the Minister under Part 12 will be accepted as such in the absence of proof to the contrary;
(g)an apparently genuine document purporting to be a delegation by the Minister, the Chief Psychiatrist or the director of a treatment centre under Part 12 will be accepted as such in the absence of proof to the contrary.

110—Regulations

The Governor may make any regulations that are contemplated by this Act, or are necessary or expedient for the purposes of this Act.
Without limiting subsection (1), the regulations may—
(a)provide for the keeping of records; or
(b)prescribe, and provide for the payment and recovery of, fees in respect of accommodation, treatment or other services provided at treatment centres; or
(c)provide for the recovery of medical practitioners' fees on the medical examination of persons with apparent mental illness; or
(d)provide for the recovery of fees for ambulance services provided in the exercise of powers under this Act; or
(e)prescribe any matter relating to procedures to be adopted under this Act; or
(f)prescribe a penalty not exceeding $5 000 for breach of a regulation.
The regulations may—
(a)make different provision according to the matters or circumstances to which they are expressed to apply; and
(b)provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Chief Psychiatrist, the director of a treatment centre or any other person or body prescribed by the regulations.

111—Review of Act
The Minister must, within 5 years after the commencement of this Act or any provision of this Act—
(a)cause a report to be prepared on the operation of this Act; and
(b)cause a copy of the report to be laid before each House of Parliament.

Schedule 1—Certain conduct may not indicate mental illness

A person does not have a mental illness merely because of any 1 or more of the following:

(a)the person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular political opinion or belief;
(b)the person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular religious opinion or belief;
(c)the person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular philosophy;
(d)the person expresses or refuses or fails to express, or has expressed or refused or failed to express, a particular sexual preference or sexual orientation;
(e)the person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular political activity;
(f)the person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular religious activity;
(g)the person engages in or has engaged in a particular sexual activity or sexual promiscuity;
(h)the person engages in or has engaged in immoral conduct;

the person engages in or has engaged in illegal conduct;

(j)the person has developmental disability of mind;
(k)the person takes or has taken alcohol or any other drug;
(l)the person engages in or has engaged in anti‑social behaviour;
(m)the person has a particular economic or social status or is a member of a particular cultural or racial group.

However, nothing prevents, in relation to a person who takes or has taken alcohol or any other drug, the serious or permanent physiological, biochemical or psychological effects of drug taking from being regarded as an indication that a person is suffering from mental illness.

Schedule 2—Transitional provisions
2—Transitional provisions

An order in force under section 12(1) of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 1 detention and treatment order under this Act, subject to the provisions of this Act.
An order in force under section 12(5) of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 2 detention and treatment order under this Act, subject to the provisions of this Act.
An order in force under section 12(6) of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 2 detention and treatment order under this Act, subject to the provisions of this Act.
Despite subclause (3), an order continued in force under that subclause will, unless it earlier expires or is revoked, expire at 2 pm on the day 21 days after the day on which it was made.
An order in force under section 13 of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 3 detention and treatment order under this Act, subject to the provisions of this Act.
Despite subclause (5), an order continued in force under that subclause will, unless it is earlier revoked, expire at 2 pm on the last day of the period specified in the order as the period for which the person is to be detained under the order.
An order in force under section 20 of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 2 community treatment order under this Act, subject to the provisions of this Act.
Despite subclause (7), an order continued in force under that subclause will, unless it is earlier revoked, expire at 2 pm on the last day of the period specified in the order as the period for which the person is to given treatment under the order.
An authorisation or consent given by the Board, a medical practitioner or any other person under a provision of the Mental Health Act 1993 continues to have effect for the purpose of the corresponding provision of this Act.
A proceeding of the Board commenced under a provision of the Mental Health Act 1993, but not completed immediately before the repeal of that Act, may be continued and completed for the purpose of the corresponding provision of this Act.
An appeal commenced under the Guardianship and Administration Act 1993 in relation to a decision or order of the Board under a provision of the Mental Health Act 1993, but not completed immediately before the repeal of the Mental Health Act 1993, may be continued and completed as if it related to a decision or order of the Board under the corresponding provision of this Act.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Mental Health Act 2009 repealed the following:
Mental Health Act 1993
Principal Act and amendments
New entries appear in bold.

Year No Title Assent Commencement

2009 28 Mental Health Act 2009 11.6.2009 1.7.2010 (Gazette 24.6.2010 p3155) except s 3 community visitor, ss 47(2)(d), 48(3)(f) and Pt 8 Div 2—11.6.2011 (s 7(5) Acts Interpretation Act 1915)

2010 5 Health Practitioner Regulation National Law (South Australia) Act 2010 1.7.2010 Sch 1 (cl 22)—1.7.2010 (Gazette 1.7.2010 p3338)

2010 9 Mental Health (Repeal of Harbouring Offence) Amendment Act 2010 29.7.2010 29.7.2010

2012 26 Mental Health (Inpatient) Amendment Act 2012 21.6.2012 23.8.2012 (Gazette 2.8.2012 p3302)

2014 26 Statutes Amendment (SACAT) Act 2014 11.12.2014 Pt 11 (ss 105—131)—29.3.2015 (Gazette 5.3.2015 p883)

2016 34 Mental Health (Review) Amendment Act 2016 14.7.2016 Pt 2 (ss 4—84)—5.6.2017 (Gazette 30.5.2017 p1982)

2017 51 Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 29 (ss 174 to 179)—14.12.2017 (Gazette 12.12.2017 p4960)

2017 64 Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 Pt 16 (s 122)—22.10.2018 (Gazette 19.12.2017 p5119)

2021 21 Health Care (Governance) Amendment Act 2021 17.6.2021 Sch 1 (cl 1)—23.8.2021 (Gazette 29.7.2021 p2915)

2021 25 Statutes Amendment (COVID-19 Permanent Measures) Act 2021 17.6.2021 Pt 7 (ss 13 to 15)—9.9.2021 (Gazette 18.8.2021 p3099)

2021 47 Statutes Amendment (Spit Hood Prohibition) Act 2021 25.11.2021 Pt 3 (s 4)—25.11.2021

2023 4 Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023 23.2.2023 Pt 13 (s 29)—22.6.2023 (Gazette 15.6.2023 p1774)

2023 39 Public Holidays Act 2023 7.12.2023 Sch 1 (cl 14)—1.1.2024: s 2
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement

Long title amended under Legislation Revision and Publication Act 2002 and by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 4(1), (2) 5.6.2017

Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 23.8.2012

s 3

s 3(1) s 3 redesignated as s 3(1) by 34/2016 s 5(18) 5.6.2017

absent without leave inserted by 34/2016 s 5(1) 5.6.2017

advance care directive inserted by 34/2016 s 5(1) 5.6.2017

approved treatment centre amended by 34/2016 s 5(2) 5.6.2017

authorised community mental health facility inserted by 34/2016 s 5(3) 5.6.2017

authorised health professional deleted by 34/2016 s 5(3) 5.6.2017

authorised medical practitioner amended by 34/2016 s 5(4) 5.6.2017

authorised mental health professional inserted by 34/2016 s 5(5) 5.6.2017

authorised officer amended by 34/2016 s 5(6) 5.6.2017

Board deleted by 26/2014 s 105(1) 29.3.2015

business day deleted by 39/2023 Sch 1 cl 14 1.1.2024

Chief Executive amended by 34/2016 s 5(7) 5.6.2017

decision inserted by 26/2014 s 105(2) 29.3.2015

Department inserted by 34/2016 s 5(8) 5.6.2017

director substituted by 34/2016 s 5(9) 5.6.2017

detention and treatment order deleted by 26/2012 s 4(1) 23.8.2012

inpatient inserted by 26/2012 s 4(2) 23.8.2012

inpatient treatment order inserted by 26/2012 s 4(2) 23.8.2012

internal review inserted by 26/2014 s 105(3) 29.3.2015

involuntary inpatient inserted by 26/2012 s 4(2) 23.8.2012

leave of absence inserted by 26/2012 s 4(2) 23.8.2012

level 1 inpatient treatment order level 1 detention and treatment order amended to read level 1 inpatient treatment order by 26/2012 Sch 1 23.8.2012

level 2 inpatient treatment order level 2 detention and treatment order amended to read level 2 inpatient treatment order by 26/2012 Sch 1 23.8.2012

level 3 inpatient treatment order level 3 detention and treatment order amended to read level 3 inpatient treatment order by 26/2012 Sch 1 23.8.2012

limited treatment centre amended by 34/2016 s 5(10) 5.6.2017

medical examination amended by 34/2016 s 5(11) 5.6.2017

medical practitioner substituted by 5/2010 Sch 1 cl 22(1) 1.7.2010

patient amended by 26/2012 s 4(3), Sch 1 23.8.2012

substituted by 34/2016 s 5(12) 5.6.2017

patient assistance request inserted by 34/2016 s 5(13) 5.6.2017

patient at large amended by 26/2012 s 4(4), Sch 1 23.8.2012

deleted by 34/2016 s 5(13) 5.6.2017

Prescribed Psychiatric Treatment Panel or Panel inserted by 34/2016 s 5(14) 5.6.2017

psychiatrist substituted by 5/2010 Sch 1 cl 22(2) 1.7.2010

restrictive practice inserted by 34/2016 s 5(15) 5.6.2017

substitute decision-maker inserted by 34/2016 s 5(16) 5.6.2017

Tribunal inserted by 26/2014 s 105(4) 29.3.2015

voluntary community patient inserted by 34/2016 s 5(17) 5.6.2017

voluntary patient deleted by 26/2012 s 4(5) 23.8.2012

voluntary inpatient inserted by 26/2012 s 4(5) 23.8.2012

s 3(2) and (3) inserted by 34/2016 s 5(18) 5.6.2017

s 4

s 4(1) amended by 34/2016 s 6(1) 5.6.2017

s 4(3) inserted by 34/2016 s 6(2) 5.6.2017

s 5

s 5(1) amended by 34/2016 s 7 5.6.2017

s 5A inserted by 34/2016 s 8 5.6.2017

Pt 2

s 6 amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 9 5.6.2017

s 7

s 7(1) amended by 26/2014 s 106 29.3.2015

amended by 34/2016 s 10(1)—(4) 5.6.2017

s 7(2)

mental health services amended by 34/2016 s 10(5) 5.6.2017

patient inserted by 34/2016 s 10(6) 5.6.2017

Pt 3

heading amended by 26/2012 Sch 1 23.8.2012

s 8

s 8(1) and (2) amended by 26/2012 Sch 1 23.8.2012

s 9

s 9(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 11 5.6.2017

Pt 4

s 10

s 10(1) amended by 34/2016 s 12(1)—(3) 5.6.2017

s 10(3) amended by 34/2016 s 12(4) 5.6.2017

s 10(4) amended by 34/2016 s 12(5) 5.6.2017

s 10(5) substituted by 34/2016 s 12(6) 5.6.2017

s 10(6) amended by 34/2016 s 12(1) 5.6.2017

s 10(7), note amended by 26/2012 Sch 1 23.8.2012

s 10(8) amended by 34/2016 s 12(7) 5.6.2017

s 11

s 11(1) amended by 26/2014 s 107(1) 29.3.2015

amended by 34/2016 s 13(1) 5.6.2017

s 11(2) substituted by 26/2014 s 107(2) 29.3.2015

amended by 34/2016 s 13(2) 5.6.2017

deleted by 51/2017 s 174 14.12.2017

s 12

s 12(1) amended by 34/2016 s 14(1) 5.6.2017

s 12(2) amended by 34/2016 s 14(1), (2) 5.6.2017

s 12(3) amended by 34/2016 s 14(1) 5.6.2017

s 15 before deletion by 34/2016

s 15(1)—(3) amended by 26/2014 s 108(1) 29.3.2015

s 15(4) inserted by 26/2014 s 108(2) 29.3.2015

s 15 deleted by 34/2016 s 15 5.6.2017

s 16

s 16(1) amended by 26/2014 s 109(1) 29.3.2015

amended by 34/2016 s 16(1), (2) 5.6.2017

s 16(3) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 109(1) 29.3.2015

(b) deleted by 34/2016 s 16(3) 5.6.2017

s 16(4) amended by 26/2014 s 109(1) 29.3.2015

s 16(4a) inserted by 51/2017 s 175 14.12.2017

s 16(6) amended by 26/2014 s 109(1)—(3) 29.3.2015

s 16(7) and (8) amended by 26/2014 s 109(1) 29.3.2015

s 17 amended by 26/2014 s 110(1), (2) 29.3.2015

Pt 5

heading amended by 26/2012 Sch 1 23.8.2012

Pt 5 Div 1

heading amended by 26/2012 Sch 1 23.8.2012

s 20

s 20(1) and (2) amended by 26/2012 Sch 1 23.8.2012

Pt 5 Div 2

heading amended by 26/2012 Sch 1 23.8.2012

s 21

s 21(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 17(1)—(3) 5.6.2017

s 21(2) amended by 26/2012 Sch 1 23.8.2012

s 21(3) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 17(4) 5.6.2017

s 21(4) amended by 26/2012 Sch 1 23.8.2012

s 21(5) amended by 26/2012 Sch 1 23.8.2012

s 21(6) amended by 34/2016 s 17(1) 5.6.2017

s 21(7), note amended by 26/2012 Sch 1 23.8.2012

s 21(8) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 17(5) 5.6.2017

s 22

s 22(1) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 111(1) 29.3.2015

amended by 34/2016 s 18(1) 5.6.2017

s 22(2) substituted by 26/2014 s 111(2) 29.3.2015

amended by 34/2016 s 18(2) 5.6.2017

substituted by 51/2017 s 176 14.12.2017

s 23

s 23(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 19(1) 5.6.2017

s 23(2) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 19(1), (2) 5.6.2017

s 23(3) amended by 34/2016 s 19(1) 5.6.2017

s 23(4) amended by 26/2012 Sch 1 23.8.2012

s 23(5) amended by 26/2012 Sch 1 23.8.2012

s 24

s 24(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 20(1) 5.6.2017

s 24(3) amended by 26/2012 Sch 1 23.8.2012

s 24(5) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 20(2) 5.6.2017

Pt 5 Div 3

heading amended by 26/2012 Sch 1 23.8.2012

s 25

s 25(1) amended by 26/2012 Sch 1 23.8.2012

s 25(2) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 21(1), (2) 5.6.2017

s 25(3) amended by 26/2012 Sch 1 23.8.2012

s 25(5) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 21(3) 5.6.2017

s 25(6) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 21(4) 5.6.2017

s 25(7) deleted by 26/2012 Sch 1 23.8.2012

inserted by 34/2016 s 21(5) 5.6.2017

s 25(8), note amended by 26/2012 Sch 1 23.8.2012

s 25(9) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 21(6) 5.6.2017

s 26

s 26(1) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 112(1) 29.3.2015

amended by 34/2016 s 22(1) 5.6.2017

s 26(2) substituted by 26/2014 s 112(2) 29.3.2015

amended by 34/2016 s 22(2) 5.6.2017

substituted by 51/2017 s 177 14.12.2017

s 26(4) amended by 26/2012 Sch 1 23.8.2012

s 26(5) amended by 26/2014 s 112(3) 29.3.2015

s 27

s 27(1) amended by 26/2012 Sch 1 23.8.2012

s 27(2) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 23 5.6.2017

s 27(4) amended by 26/2012 Sch 1 23.8.2012

s 27(5) amended by 26/2012 Sch 1 23.8.2012

s 28

s 28(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 24(1) 5.6.2017

s 28(4) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 24(2) 5.6.2017

note amended by 26/2012 Sch 1 23.8.2012

Pt 5 Div 4

heading amended by 26/2012 Sch 1 23.8.2012

s 29

s 29(1) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 113 29.3.2015

amended by 34/2016 s 25(1), (2) 5.6.2017

s 29(2) amended by 26/2012 Sch 1 23.8.2012

s 29(3) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 25(3) 5.6.2017

s 29(4) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 113 29.3.2015

s 29(4a) inserted by 51/2017 s 178 14.12.2017

s 29(5) amended by 26/2012 Sch 1 23.8.2012

s 29(6), (7) and note amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 113 29.3.2015

s 30 amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 114(1), (2) 29.3.2015

s 31

s 31(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 26(1) 5.6.2017

s 31(4) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 26(2) 5.6.2017

note amended by 26/2012 Sch 1 23.8.2012

Pt 5 Div 5

s 32 amended by 26/2012 Sch 1 23.8.2012

s 33

s 33(1), (2) and note amended by 26/2012 Sch 1 23.8.2012

s 34 substituted by 26/2012 s 5 23.8.2012

s 34A inserted by 26/2012 s 5 23.8.2012

s 34A(2) amended by 34/2016 s 27 5.6.2017

s 35

s 35(1), note, (2) and (3) amended by 26/2012 Sch 1 23.8.2012

s 35(6) amended by 34/2016 s 28 5.6.2017

s 36

s 36(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 29 5.6.2017

s 37

s 37(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 30 5.6.2017

s 38

s 38(1) amended by 34/2016 s 31 5.6.2017

Pt 6

s 39

s 39(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 32(1) 5.6.2017

s 39(2) amended by 34/2016 s 32(2), (3) 5.6.2017

s 39(3) inserted by 34/2016 s 32(4) 5.6.2017

s 40

s 40(2) amended by 34/2016 s 33 5.6.2017

s 41

s 41(1) amended by 26/2012 Sch 1 23.8.2012

s 41(2) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 34 5.6.2017

Pt 7

Pt 7 Div A1 inserted by 34/2016 s 35 5.6.2017

Pt 7 Div 1

s 42

s 42(1) amended by 26/2012 s 6(1) 23.8.2012

amended by 26/2014 s 115 29.3.2015

amended by 34/2016 s 36(1) 5.6.2017

s 42(4) substituted by 34/2016 s 36(2) 5.6.2017

s 42(5) amended by 26/2014 s 115 29.3.2015

s 42(7) amended by 34/2016 s 36(3) 5.6.2017

s 42(9) (a) deleted by 26/2012 s 6(2) 23.8.2012

Pt 7 Div 2

s 43

s 43(1) amended by 26/2014 s 116 29.3.2015

amended by 34/2016 s 37(1) 5.6.2017

s 43(1a) inserted by 34/2016 s 37(2) 5.6.2017

s 43(2) amended by 26/2014 s 116 29.3.2015

s 43(2a) inserted by 34/2016 s 37(3) 5.6.2017

s 44

s 44(4) inserted by 34/2016 s 38 5.6.2017

Pt 8

s 45

s 45(1) amended by 34/2016 s 39 5.6.2017

s 45(2) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 39 5.6.2017

s 46

s 46(1) amended by 26/2014 s 117(1) 29.3.2015

amended by 34/2016 s 40 5.6.2017

s 46(2)—(4) amended by 26/2014 s 117(2) 29.3.2015

s 47

s 47(1) and (3) amended by 26/2012 Sch 1 23.8.2012

s 48

s 48(2) amended by 26/2012 Sch 1 23.8.2012

s 48(3) amended by 26/2014 s 118 29.3.2015

s 48A inserted by 47/2021 s 4 25.11.2021

s 50

s 50(4) deleted by 34/2016 s 41 5.6.2017

s 51

s 51(1) amended by 34/2016 s 42(1) 5.6.2017

s 51(3) inserted by 34/2016 s 42(2) 5.6.2017

s 51A inserted by 34/2016 s 43 5.6.2017

s 52

s 52(1) substituted by 34/2016 s 44(1) 5.6.2017

amended by 25/2021 s 13 9.9.2021

s 52(2) substituted by 34/2016 s 44(1) 5.6.2017

s 52(3) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 44(2) 5.6.2017

s 52(7) deleted by 34/2016 s 44(3) 5.6.2017

s 52A inserted by 34/2016 s 45 5.6.2017

s 52A(1) amended by 25/2021 s 14 9.9.2021

s 52B inserted by 25/2021 s 15 9.9.2021

s 53

s 53(2) amended by 26/2012 Sch 1 23.8.2012

s 54

s 54(1) amended by 34/2016 s 46 5.6.2017

Pt 9

s 54A inserted by 34/2016 s 47 5.6.2017

s 55

s 55(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 48(1), (2) 5.6.2017

s 55(2) amended by 34/2016 s 48(3) 5.6.2017

s 55(3) amended by 34/2016 s 48(4) 5.6.2017

s 56

s 56(1) amended by 34/2016 s 49(1), (2) 5.6.2017

s 56(4) amended by 34/2016 s 49(3)—(5) 5.6.2017

s 57

s 57(1) amended by 34/2016 s 50(1), (2) 5.6.2017

s 57(2) amended by 34/2016 s 50(3) 5.6.2017

s 57(5) amended by 34/2016 s 50(4), (5) 5.6.2017

s 57(10) amended by 26/2012 Sch 1 23.8.2012

s 58A inserted by 34/2016 s 51 5.6.2017

Pt 10

s 61

another jurisdiction inserted by 34/2016 s 52(1) 5.6.2017

corresponding law substituted by 34/2016 s 52(1) 5.6.2017

interstate community treatment order amended by 26/2012 Sch 1 23.8.2012

interstate inpatient inserted by 26/2012 Sch 1 23.8.2012

interstate inpatient treatment order interstate detention and treatment order amended to read interstate inpatient treatment order by 26/2012 Sch 1 23.8.2012

interstate patient absent without leave inserted by 34/2016 s 52(2) 5.6.2017

interstate patient at large amended by 26/2012 Sch 1 23.8.2012

deleted by 34/2016 s 52(2) 5.6.2017

interstate treatment centre amended by 26/2012 Sch 1 23.8.2012

South Australian inpatient treatment South Australian detention and treatment order amended by, and amended to read South Australian inpatient treatment order by, 26/2012 Sch 1 23.8.2012

s 63

s 63(1) amended by 34/2016 s 53(1) 5.6.2017

s 63(2) amended by 34/2016 s 53(2) 5.6.2017

s 64 amended by 34/2016 s 54 5.6.2017

s 66

s 66(3) and (4) substituted by 34/2016 s 55 5.6.2017

s 66(5) and (6) inserted by 34/2016 s 55 5.6.2017

s 67

s 67(1) s 67 amended and redesignated as s 67(1) by 34/2016 s 56(1), (2) 5.6.2017

s 67(2) inserted by 34/2016 s 56(2) 5.6.2017

s 68

s 68(1) s 68 redesignated as 68(1) by 34/2016 s 57 5.6.2017

s 68(2)—(8) inserted by 34/2016 s 57 5.6.2017

s 69

s 69(2a) and (2b) inserted by 34/2016 s 58 5.6.2017

s 70

s 70(1) amended by 26/2012 Sch 1 23.8.2012

substituted by 34/2016 s 59(1) 5.6.2017

s 70(3) amended by 34/2016 s 59(2) 5.6.2017

s 70(4) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 119 29.3.2015

amended by 34/2016 s 59(3) 5.6.2017

s 70(5) amended by 34/2016 s 59(4) 5.6.2017

s 70(6) amended by 34/2016 s 59(5) 5.6.2017

s 70(7) inserted by 34/2016 s 59(6) 5.6.2017

s 71

s 71(1) amended by 26/2012 Sch 1 23.8.2012

substituted by 34/2016 s 60(1) 5.6.2017

s 71(2) amended by 34/2016 s 60(2) 5.6.2017

s 71(2a) and (2b) inserted by 34/2016 s 60(3) 5.6.2017

s 71(3) amended by 26/2012 Sch 1 23.8.2012

s 72

s 72(1) amended by 34/2016 s 61(1), (2) 5.6.2017

s 72(2) substituted by 34/2016 s 61(3) 5.6.2017

s 72(3) amended by 34/2016 s 61(4) 5.6.2017

s 73 substituted by 34/2016 s 62 5.6.2017

s 74

s 74(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 63(1) 5.6.2017

s 74(3) substituted by 34/2016 s 63(2) 5.6.2017

s 75

s 75(2) amended by 34/2016 s 64(1), (2) 5.6.2017

s 75(4) substituted by 34/2016 s 64(3) 5.6.2017

s 75(5)

interstate authorised mental health professional amended by 26/2012 Sch 1 23.8.2012

interstate authorised health professional amended to read interstate authorised mental health professional by 34/2016 s 64(4) 5.6.2017

s 76

s 76(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 65(1)—(3) 5.6.2017

s 76(2a) and (2b) inserted by 34/2016 s 65(4) 5.6.2017

s 76(4) amended by 34/2016 s 65(5) 5.6.2017

s 76(5) substituted by 34/2016 s 65(6) 5.6.2017

s 76(6) amended by 34/2016 s 65(7) 5.6.2017

s 77

s 77(1) amended by 34/2016 s 66(1) 5.6.2017

s 77(3) amended by 34/2016 s 66(2) 5.6.2017

s 77(4) substituted by 34/2016 s 66(3) 5.6.2017

s 77(5) amended by 34/2016 s 66(4) 5.6.2017

s 78

s 78(2) substituted by 34/2016 s 67 5.6.2017

Pt 11

Div 1 heading deleted by 26/2014 s 120 29.3.2015

s 79

s 79(1) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 121(1) 29.3.2015

(a) deleted by 34/2016 s 68(1) 5.6.2017

amended by 34/2016 s 68(2) 5.6.2017

s 79(2) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 121(1) 29.3.2015

s 79(3) and (4) amended by 26/2014 s 121(1) 29.3.2015

s 79(5) inserted by 26/2014 s 121(2) 29.3.2015

s 80

s 80(1) and (2) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 122 29.3.2015

s 80(3) amended by 26/2014 s 122 29.3.2015

Div 2 heading deleted by 26/2014 s 123 29.3.2015

s 81

s 81(1) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 124(1), (2) 29.3.2015

amended by 34/2016 s 69(1) 5.6.2017

s 81(1a) inserted by 26/2014 s 124(3) 29.3.2015

deleted by 34/2016 s 69(2) 5.6.2017

s 81(2) amended by 26/2014 s 124(4), (5) 29.3.2015

s 81(2a) inserted by 26/2014 s 124(6) 29.3.2015

amended by 34/2016 s 69(3) 5.6.2017

s 81(2b)—(2d) inserted by 51/2017 s 179 14.12.2017

s 81(3) amended by 26/2014 s 124(7), (8) 29.3.2015

s 81(4) substituted by 26/2014 s 124(9) 29.3.2015

deleted by 34/2016 s 69(4) 5.6.2017

s 81(5) amended by 26/2012 Sch 1 23.8.2012

amended by 26/2014 s 124(10)—(12) 29.3.2015

deleted by 34/2016 s 69(4) 5.6.2017

s 82 deleted by 26/2014 s 125 29.3.2015

s 83

s 83(1) amended by 26/2014 s 126(1), (2) 29.3.2015

s 83(2) amended by 26/2014 s 126(3) 29.3.2015

s 83(3) amended by 26/2014 s 126(4) 29.3.2015

s 83A inserted by 26/2014 s 127 29.3.2015

s 84 substituted by 26/2014 s 127 29.3.2015

s 84(1) amended by 4/2023 s 29 22.6.2023

s 85 deleted by 26/2014 s 127 29.3.2015

Pt 11A inserted by 26/2014 s 127 29.3.2015

s 85

s 85(1) amended by 34/2016 s 70 5.6.2017

Pt 12

Pt 12 Div 1

s 86 amended by 64/2017 s 122 22.10.2018

Pt 12 Div 2

s 90

s 90(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 71(1)—(3) 5.6.2017

s 90(2) amended by 34/2016 s 71(4) 5.6.2017

s 90(5)—(7) inserted by 34/2016 s 71(5) 5.6.2017

s 92

s 92(1) amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 72 5.6.2017

Pt 12 Div 3

s 93

s 93(1) amended by 34/2016 s 73(1) 5.6.2017

s 93(2) amended by 34/2016 s 73(2), (3) 5.6.2017

s 93(3) inserted by 34/2016 s 73(4) 5.6.2017

Pt 12 Div 4

heading substituted by 34/2016 s 74 5.6.2017

s 94

s 94(1) amended by 34/2016 s 75(1), (2) 5.6.2017

s 94(2) amended by 34/2016 s 75(3), (4) 5.6.2017

s 94(3) inserted by 34/2016 s 75(5) 5.6.2017

s 95

s 95(1) amended by 34/2016 s 76(1), (2) 5.6.2017

s 95(2) amended by 34/2016 s 76(3) 5.6.2017

Pt 12 Div 5

s 96

s 96(1) amended by 34/2016 s 77(1) 5.6.2017

s 96(2) amended by 34/2016 s 77(2), (3) 5.6.2017

s 97

s 97(1) amended by 34/2016 s 78(1) 5.6.2017

s 97(2) amended by 34/2016 s 78(2), (3) 5.6.2017

s 97A inserted by 34/2016 s 79 5.6.2017

s 98 before deletion by 34/2016

s 98(1) amended by 26/2012 Sch 1 23.8.2012

s 98 deleted by 34/2016 s 80 5.6.2017

s 99 before deletion by 34/2016

s 99(1) and (2) amended by 26/2012 Sch 1 23.8.2012

s 99 deleted by 34/2016 s 80 5.6.2017

Pt 13

s 101

s 101(2) amended by 26/2012 s 7 23.8.2012

amended by 26/2014 s 128 29.3.2015

s 102

s 102(1), (3) and (4) amended by 34/2016 s 81 5.6.2017

s 102(5) amended by 26/2012 Sch 1 23.8.2012

s 103 amended by 26/2012 Sch 1 23.8.2012

amended by 34/2016 s 82 5.6.2017

s 104 amended by 26/2012 Sch 1 23.8.2012

s 105 deleted by 9/2010 s 3 29.7.2010

s 106

s 106(1) amended by 21/2021 Sch 1 cl 1(1) 23.8.2021

s 106(2) amended by 21/2021 Sch 1 cl 1(2) 23.8.2021

s 106(4) amended by 26/2012 Sch 1 23.8.2012

s 107

s 107(2) and (3) amended by 26/2014 s 129 29.3.2015

s 108 amended by 26/2014 s 130 29.3.2015

s 109 amended by 26/2012 Sch 1 23.8.2012

(f) deleted by 34/2016 s 83 5.6.2017

s 111 amended by 34/2016 s 84 5.6.2017

Sch 2

cl 1 omitted under Legislation Revision and Publication Act 2002 23.8.2012

Transitional etc provisions associated with Act or amendments

Mental Health (Inpatient) Amendment Act 2012, Sch 2—Transitional provisions

1—Level 1 detention and treatment order
A level 1 detention and treatment order in force immediately before the commencement of this clause continues in force as a level 1 inpatient treatment order, subject to the provisions of the Mental Health Act 2009.
2—Level 2 detention and treatment order
A level 2 detention and treatment order in force immediately before the commencement of this clause continues in force as a level 2 inpatient treatment order, subject to the provisions of the Mental Health Act 2009.
3—Level 3 detention and treatment order
A level 3 detention and treatment order in force immediately before the commencement of this clause continues in force as a level 3 inpatient treatment order, subject to the provisions of the Mental Health Act 2009.
4—Purported detention and treatment orders after commencement
If a person purports, after the commencement of this clause, to make a detention and treatment order under the Mental Health Act 2009, it will be taken for the purposes of that Act to be an inpatient treatment order of the same level as the purported detention and treatment order.

Statutes Amendment (SACAT) Act 2014

131—Transitional provisions

In this section—
Guardianship Board means the Guardianship Board established under the Guardianship and Administration Act 1993;
principal Act means the Mental Health Act 2009;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.
The Tribunal will conduct a review under section 15 of the principal Act in respect of any order for which notice is given on or after the relevant day.
An order, consent or decision of the Guardianship Board under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be an order, consent or decision of the Tribunal.
A right to make any application or referral, or to seek a review or to institute an appeal, under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Guardianship Board, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.
Any proceedings before the Guardianship Board under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.
The Tribunal may—
(a)receive in evidence any transcript of evidence in proceedings before the Guardianship Board, and draw any conclusions of fact from that evidence that appear proper; and
(b)adopt any findings or determinations of the Guardianship Board that may be relevant to proceedings before the Tribunal; and
(c)adopt or make any decision (including a decision in the nature of a consent), direction or order in relation to proceedings before the Guardianship Board before the relevant day (including so as to make a decision or give a consent, direction or order, in relation to proceedings fully heard before the relevant day); and
(d)take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.
Nothing in this section affects a right to appeal to the Administrative and Disciplinary Division of the District Court against a decision, direction or order of the Guardianship Board made or given before the relevant day.
A reference in subsection (5) to proceedings before the Guardianship Board will be taken to include a reference to a review being conducted under section 79 of the principal Act.

Historical versions

1.7.2010
11.6.2011
23.8.2012
29.3.2015
5.6.2017
14.12.2017
22.10.2018
23.8.2021
9.9.2021
25.11.2021
22.6.2023

Year	No	Title	Assent	Commencement
2009	28	Mental Health Act 2009	11.6.2009	1.7.2010 (Gazette 24.6.2010 p3155) except s 3 *community visitor, ss 47(2)(d), 48(3)(f) and Pt 8 Div 2—11.6.2011 (s 7(5) Acts Interpretation Act 1915*)
2010	5	Health Practitioner Regulation National Law (South Australia) Act 2010	1.7.2010	Sch 1 (cl 22)—1.7.2010 (Gazette 1.7.2010 p3338)
2010	9	Mental Health (Repeal of Harbouring Offence) Amendment Act 2010	29.7.2010	29.7.2010
2012	26	Mental Health (Inpatient) Amendment Act 2012	21.6.2012	23.8.2012 (Gazette 2.8.2012 p3302)
2014	26	Statutes Amendment (SACAT) Act 2014	11.12.2014	Pt 11 (ss 105—131)—29.3.2015 (Gazette 5.3.2015 p883)
2016	34	Mental Health (Review) Amendment Act 2016	14.7.2016	Pt 2 (ss 4—84)—5.6.2017 (Gazette 30.5.2017 p1982)
2017	51	Statutes Amendment (SACAT No 2) Act 2017	28.11.2017	Pt 29 (ss 174 to 179)—14.12.2017 (Gazette 12.12.2017 p4960)
2017	64	Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017	12.12.2017	Pt 16 (s 122)—22.10.2018 (Gazette 19.12.2017 p5119)
2021	21	Health Care (Governance) Amendment Act 2021	17.6.2021	Sch 1 (cl 1)—23.8.2021 (Gazette 29.7.2021 p2915)
2021	25	Statutes Amendment (COVID-19 Permanent Measures) Act 2021	17.6.2021	Pt 7 (ss 13 to 15)—9.9.2021 (Gazette 18.8.2021 p3099)
2021	47	Statutes Amendment (Spit Hood Prohibition) Act 2021	25.11.2021	Pt 3 (s 4)—25.11.2021
2023	4	Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023	23.2.2023	Pt 13 (s 29)—22.6.2023 (Gazette 15.6.2023 p1774)
2023	39	*Public Holidays Act 2023*	7.12.2023	Sch 1 (cl 14)—1.1.2024: s 2

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002 and by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 4(1), (2)	5.6.2017
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	23.8.2012
s 3
s 3(1)	s 3 redesignated as s 3(1) by 34/2016 s 5(18)	5.6.2017
absent without leave	inserted by 34/2016 s 5(1)	5.6.2017
advance care directive	inserted by 34/2016 s 5(1)	5.6.2017
approved treatment centre	amended by 34/2016 s 5(2)	5.6.2017
authorised community mental health facility	inserted by 34/2016 s 5(3)	5.6.2017
authorised health professional	deleted by 34/2016 s 5(3)	5.6.2017
authorised medical practitioner	amended by 34/2016 s 5(4)	5.6.2017
authorised mental health professional	inserted by 34/2016 s 5(5)	5.6.2017
authorised officer	amended by 34/2016 s 5(6)	5.6.2017
Board	deleted by 26/2014 s 105(1)	29.3.2015
*business day*	*deleted by 39/2023 Sch 1 cl 14*	*1.1.2024*
Chief Executive	amended by 34/2016 s 5(7)	5.6.2017
decision	inserted by 26/2014 s 105(2)	29.3.2015
Department	inserted by 34/2016 s 5(8)	5.6.2017
director	substituted by 34/2016 s 5(9)	5.6.2017
detention and treatment order	deleted by 26/2012 s 4(1)	23.8.2012
inpatient	inserted by 26/2012 s 4(2)	23.8.2012
inpatient treatment order	inserted by 26/2012 s 4(2)	23.8.2012
internal review	inserted by 26/2014 s 105(3)	29.3.2015
involuntary inpatient	inserted by 26/2012 s 4(2)	23.8.2012
leave of absence	inserted by 26/2012 s 4(2)	23.8.2012
level 1 inpatient treatment order	level 1 detention and treatment order amended to read level 1 inpatient treatment order by 26/2012 Sch 1	23.8.2012
level 2 inpatient treatment order	level 2 detention and treatment order amended to read level 2 inpatient treatment order by 26/2012 Sch 1	23.8.2012
level 3 inpatient treatment order	level 3 detention and treatment order amended to read level 3 inpatient treatment order by 26/2012 Sch 1	23.8.2012
limited treatment centre	amended by 34/2016 s 5(10)	5.6.2017
medical examination	amended by 34/2016 s 5(11)	5.6.2017
medical practitioner	substituted by 5/2010 Sch 1 cl 22(1)	1.7.2010
patient	amended by 26/2012 s 4(3), Sch 1	23.8.2012
substituted by 34/2016 s 5(12)	5.6.2017
patient assistance request	inserted by 34/2016 s 5(13)	5.6.2017
patient at large	amended by 26/2012 s 4(4), Sch 1	23.8.2012
deleted by 34/2016 s 5(13)	5.6.2017
Prescribed Psychiatric Treatment Panel or Panel	inserted by 34/2016 s 5(14)	5.6.2017
psychiatrist	substituted by 5/2010 Sch 1 cl 22(2)	1.7.2010
restrictive practice	inserted by 34/2016 s 5(15)	5.6.2017
substitute decision-maker	inserted by 34/2016 s 5(16)	5.6.2017
Tribunal	inserted by 26/2014 s 105(4)	29.3.2015
voluntary community patient	inserted by 34/2016 s 5(17)	5.6.2017
voluntary patient	deleted by 26/2012 s 4(5)	23.8.2012
voluntary inpatient	inserted by 26/2012 s 4(5)	23.8.2012
s 3(2) and (3)	inserted by 34/2016 s 5(18)	5.6.2017
s 4
s 4(1)	amended by 34/2016 s 6(1)	5.6.2017
s 4(3)	inserted by 34/2016 s 6(2)	5.6.2017
s 5
s 5(1)	amended by 34/2016 s 7	5.6.2017
s 5A	inserted by 34/2016 s 8	5.6.2017
Pt 2
s 6	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 9	5.6.2017
s 7
s 7(1)	amended by 26/2014 s 106	29.3.2015
amended by 34/2016 s 10(1)—(4)	5.6.2017
s 7(2)
mental health services	amended by 34/2016 s 10(5)	5.6.2017
patient	inserted by 34/2016 s 10(6)	5.6.2017
Pt 3
heading	amended by 26/2012 Sch 1	23.8.2012
s 8
s 8(1) and (2)	amended by 26/2012 Sch 1	23.8.2012
s 9
s 9(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 11	5.6.2017
Pt 4
s 10
s 10(1)	amended by 34/2016 s 12(1)—(3)	5.6.2017
s 10(3)	amended by 34/2016 s 12(4)	5.6.2017
s 10(4)	amended by 34/2016 s 12(5)	5.6.2017
s 10(5)	substituted by 34/2016 s 12(6)	5.6.2017
s 10(6)	amended by 34/2016 s 12(1)	5.6.2017
s 10(7), note	amended by 26/2012 Sch 1	23.8.2012
s 10(8)	amended by 34/2016 s 12(7)	5.6.2017
s 11
s 11(1)	amended by 26/2014 s 107(1)	29.3.2015
amended by 34/2016 s 13(1)	5.6.2017
s 11(2)	substituted by 26/2014 s 107(2)	29.3.2015
amended by 34/2016 s 13(2)	5.6.2017
deleted by 51/2017 s 174	14.12.2017
s 12
s 12(1)	amended by 34/2016 s 14(1)	5.6.2017
s 12(2)	amended by 34/2016 s 14(1), (2)	5.6.2017
s 12(3)	amended by 34/2016 s 14(1)	5.6.2017
s 15 before deletion by 34/2016
s 15(1)—(3)	amended by 26/2014 s 108(1)	29.3.2015
s 15(4)	inserted by 26/2014 s 108(2)	29.3.2015
s 15	deleted by 34/2016 s 15	5.6.2017
s 16
s 16(1)	amended by 26/2014 s 109(1)	29.3.2015
amended by 34/2016 s 16(1), (2)	5.6.2017
s 16(3)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 109(1)	29.3.2015
(b) deleted by 34/2016 s 16(3)	5.6.2017
s 16(4)	amended by 26/2014 s 109(1)	29.3.2015
s 16(4a)	inserted by 51/2017 s 175	14.12.2017
s 16(6)	amended by 26/2014 s 109(1)—(3)	29.3.2015
s 16(7) and (8)	amended by 26/2014 s 109(1)	29.3.2015
s 17	amended by 26/2014 s 110(1), (2)	29.3.2015
Pt 5
heading	amended by 26/2012 Sch 1	23.8.2012
Pt 5 Div 1
heading	amended by 26/2012 Sch 1	23.8.2012
s 20
s 20(1) and (2)	amended by 26/2012 Sch 1	23.8.2012
Pt 5 Div 2
heading	amended by 26/2012 Sch 1	23.8.2012
s 21
s 21(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 17(1)—(3)	5.6.2017
s 21(2)	amended by 26/2012 Sch 1	23.8.2012
s 21(3)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 17(4)	5.6.2017
s 21(4)	amended by 26/2012 Sch 1	23.8.2012
s 21(5)	amended by 26/2012 Sch 1	23.8.2012
s 21(6)	amended by 34/2016 s 17(1)	5.6.2017
s 21(7), note	amended by 26/2012 Sch 1	23.8.2012
s 21(8)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 17(5)	5.6.2017
s 22
s 22(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 111(1)	29.3.2015
amended by 34/2016 s 18(1)	5.6.2017
s 22(2)	substituted by 26/2014 s 111(2)	29.3.2015
amended by 34/2016 s 18(2)	5.6.2017
substituted by 51/2017 s 176	14.12.2017
s 23
s 23(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 19(1)	5.6.2017
s 23(2)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 19(1), (2)	5.6.2017
s 23(3)	amended by 34/2016 s 19(1)	5.6.2017
s 23(4)	amended by 26/2012 Sch 1	23.8.2012
s 23(5)	amended by 26/2012 Sch 1	23.8.2012
s 24
s 24(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 20(1)	5.6.2017
s 24(3)	amended by 26/2012 Sch 1	23.8.2012
s 24(5)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 20(2)	5.6.2017
Pt 5 Div 3
heading	amended by 26/2012 Sch 1	23.8.2012
s 25
s 25(1)	amended by 26/2012 Sch 1	23.8.2012
s 25(2)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 21(1), (2)	5.6.2017
s 25(3)	amended by 26/2012 Sch 1	23.8.2012
s 25(5)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 21(3)	5.6.2017
s 25(6)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 21(4)	5.6.2017
s 25(7)	deleted by 26/2012 Sch 1	23.8.2012
inserted by 34/2016 s 21(5)	5.6.2017
s 25(8), note	amended by 26/2012 Sch 1	23.8.2012
s 25(9)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 21(6)	5.6.2017
s 26
s 26(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 112(1)	29.3.2015
amended by 34/2016 s 22(1)	5.6.2017
s 26(2)	substituted by 26/2014 s 112(2)	29.3.2015
amended by 34/2016 s 22(2)	5.6.2017
substituted by 51/2017 s 177	14.12.2017
s 26(4)	amended by 26/2012 Sch 1	23.8.2012
s 26(5)	amended by 26/2014 s 112(3)	29.3.2015
s 27
s 27(1)	amended by 26/2012 Sch 1	23.8.2012
s 27(2)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 23	5.6.2017
s 27(4)	amended by 26/2012 Sch 1	23.8.2012
s 27(5)	amended by 26/2012 Sch 1	23.8.2012
s 28
s 28(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 24(1)	5.6.2017
s 28(4)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 24(2)	5.6.2017
note	amended by 26/2012 Sch 1	23.8.2012
Pt 5 Div 4
heading	amended by 26/2012 Sch 1	23.8.2012
s 29
s 29(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 113	29.3.2015
amended by 34/2016 s 25(1), (2)	5.6.2017
s 29(2)	amended by 26/2012 Sch 1	23.8.2012
s 29(3)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 25(3)	5.6.2017
s 29(4)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 113	29.3.2015
s 29(4a)	inserted by 51/2017 s 178	14.12.2017
s 29(5)	amended by 26/2012 Sch 1	23.8.2012
s 29(6), (7) and note	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 113	29.3.2015
s 30	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 114(1), (2)	29.3.2015
s 31
s 31(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 26(1)	5.6.2017
s 31(4)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 26(2)	5.6.2017
note	amended by 26/2012 Sch 1	23.8.2012
Pt 5 Div 5
s 32	amended by 26/2012 Sch 1	23.8.2012
s 33
s 33(1), (2) and note	amended by 26/2012 Sch 1	23.8.2012
s 34	substituted by 26/2012 s 5	23.8.2012
s 34A	inserted by 26/2012 s 5	23.8.2012
s 34A(2)	amended by 34/2016 s 27	5.6.2017
s 35
s 35(1), note, (2) and (3)	amended by 26/2012 Sch 1	23.8.2012
s 35(6)	amended by 34/2016 s 28	5.6.2017
s 36
s 36(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 29	5.6.2017
s 37
s 37(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 30	5.6.2017
s 38
s 38(1)	amended by 34/2016 s 31	5.6.2017
Pt 6
s 39
s 39(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 32(1)	5.6.2017
s 39(2)	amended by 34/2016 s 32(2), (3)	5.6.2017
s 39(3)	inserted by 34/2016 s 32(4)	5.6.2017
s 40
s 40(2)	amended by 34/2016 s 33	5.6.2017
s 41
s 41(1)	amended by 26/2012 Sch 1	23.8.2012
s 41(2)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 34	5.6.2017
Pt 7
Pt 7 Div A1	inserted by 34/2016 s 35	5.6.2017
Pt 7 Div 1
s 42
s 42(1)	amended by 26/2012 s 6(1)	23.8.2012
amended by 26/2014 s 115	29.3.2015
amended by 34/2016 s 36(1)	5.6.2017
s 42(4)	substituted by 34/2016 s 36(2)	5.6.2017
s 42(5)	amended by 26/2014 s 115	29.3.2015
s 42(7)	amended by 34/2016 s 36(3)	5.6.2017
s 42(9)	(a) deleted by 26/2012 s 6(2)	23.8.2012
Pt 7 Div 2
s 43
s 43(1)	amended by 26/2014 s 116	29.3.2015
amended by 34/2016 s 37(1)	5.6.2017
s 43(1a)	inserted by 34/2016 s 37(2)	5.6.2017
s 43(2)	amended by 26/2014 s 116	29.3.2015
s 43(2a)	inserted by 34/2016 s 37(3)	5.6.2017
s 44
s 44(4)	inserted by 34/2016 s 38	5.6.2017
Pt 8
s 45
s 45(1)	amended by 34/2016 s 39	5.6.2017
s 45(2)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 39	5.6.2017
s 46
s 46(1)	amended by 26/2014 s 117(1)	29.3.2015
amended by 34/2016 s 40	5.6.2017
s 46(2)—(4)	amended by 26/2014 s 117(2)	29.3.2015
s 47
s 47(1) and (3)	amended by 26/2012 Sch 1	23.8.2012
s 48
s 48(2)	amended by 26/2012 Sch 1	23.8.2012
s 48(3)	amended by 26/2014 s 118	29.3.2015
s 48A	inserted by 47/2021 s 4	25.11.2021
s 50
s 50(4)	deleted by 34/2016 s 41	5.6.2017
s 51
s 51(1)	amended by 34/2016 s 42(1)	5.6.2017
s 51(3)	inserted by 34/2016 s 42(2)	5.6.2017
s 51A	inserted by 34/2016 s 43	5.6.2017
s 52
s 52(1)	substituted by 34/2016 s 44(1)	5.6.2017
amended by 25/2021 s 13	9.9.2021
s 52(2)	substituted by 34/2016 s 44(1)	5.6.2017
s 52(3)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 44(2)	5.6.2017
s 52(7)	deleted by 34/2016 s 44(3)	5.6.2017
s 52A	inserted by 34/2016 s 45	5.6.2017
s 52A(1)	amended by 25/2021 s 14	9.9.2021
s 52B	inserted by 25/2021 s 15	9.9.2021
s 53
s 53(2)	amended by 26/2012 Sch 1	23.8.2012
s 54
s 54(1)	amended by 34/2016 s 46	5.6.2017
Pt 9
s 54A	inserted by 34/2016 s 47	5.6.2017
s 55
s 55(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 48(1), (2)	5.6.2017
s 55(2)	amended by 34/2016 s 48(3)	5.6.2017
s 55(3)	amended by 34/2016 s 48(4)	5.6.2017
s 56
s 56(1)	amended by 34/2016 s 49(1), (2)	5.6.2017
s 56(4)	amended by 34/2016 s 49(3)—(5)	5.6.2017
s 57
s 57(1)	amended by 34/2016 s 50(1), (2)	5.6.2017
s 57(2)	amended by 34/2016 s 50(3)	5.6.2017
s 57(5)	amended by 34/2016 s 50(4), (5)	5.6.2017
s 57(10)	amended by 26/2012 Sch 1	23.8.2012
s 58A	inserted by 34/2016 s 51	5.6.2017
Pt 10
s 61
another jurisdiction	inserted by 34/2016 s 52(1)	5.6.2017
corresponding law	substituted by 34/2016 s 52(1)	5.6.2017
interstate community treatment order	amended by 26/2012 Sch 1	23.8.2012
interstate inpatient	inserted by 26/2012 Sch 1	23.8.2012
interstate inpatient treatment order	interstate detention and treatment order amended to read interstate inpatient treatment order by 26/2012 Sch 1	23.8.2012
interstate patient absent without leave	inserted by 34/2016 s 52(2)	5.6.2017
interstate patient at large	amended by 26/2012 Sch 1	23.8.2012
deleted by 34/2016 s 52(2)	5.6.2017
interstate treatment centre	amended by 26/2012 Sch 1	23.8.2012
South Australian inpatient treatment	South Australian detention and treatment order amended by, and amended to read South Australian inpatient treatment order by, 26/2012 Sch 1	23.8.2012
s 63
s 63(1)	amended by 34/2016 s 53(1)	5.6.2017
s 63(2)	amended by 34/2016 s 53(2)	5.6.2017
s 64	amended by 34/2016 s 54	5.6.2017
s 66
s 66(3) and (4)	substituted by 34/2016 s 55	5.6.2017
s 66(5) and (6)	inserted by 34/2016 s 55	5.6.2017
s 67
s 67(1)	s 67 amended and redesignated as s 67(1) by 34/2016 s 56(1), (2)	5.6.2017
s 67(2)	inserted by 34/2016 s 56(2)	5.6.2017
s 68
s 68(1)	s 68 redesignated as 68(1) by 34/2016 s 57	5.6.2017
s 68(2)—(8)	inserted by 34/2016 s 57	5.6.2017
s 69
s 69(2a) and (2b)	inserted by 34/2016 s 58	5.6.2017
s 70
s 70(1)	amended by 26/2012 Sch 1	23.8.2012
substituted by 34/2016 s 59(1)	5.6.2017
s 70(3)	amended by 34/2016 s 59(2)	5.6.2017
s 70(4)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 119	29.3.2015
amended by 34/2016 s 59(3)	5.6.2017
s 70(5)	amended by 34/2016 s 59(4)	5.6.2017
s 70(6)	amended by 34/2016 s 59(5)	5.6.2017
s 70(7)	inserted by 34/2016 s 59(6)	5.6.2017
s 71
s 71(1)	amended by 26/2012 Sch 1	23.8.2012
substituted by 34/2016 s 60(1)	5.6.2017
s 71(2)	amended by 34/2016 s 60(2)	5.6.2017
s 71(2a) and (2b)	inserted by 34/2016 s 60(3)	5.6.2017
s 71(3)	amended by 26/2012 Sch 1	23.8.2012
s 72
s 72(1)	amended by 34/2016 s 61(1), (2)	5.6.2017
s 72(2)	substituted by 34/2016 s 61(3)	5.6.2017
s 72(3)	amended by 34/2016 s 61(4)	5.6.2017
s 73	substituted by 34/2016 s 62	5.6.2017
s 74
s 74(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 63(1)	5.6.2017
s 74(3)	substituted by 34/2016 s 63(2)	5.6.2017
s 75
s 75(2)	amended by 34/2016 s 64(1), (2)	5.6.2017
s 75(4)	substituted by 34/2016 s 64(3)	5.6.2017
s 75(5)
interstate authorised mental health professional	amended by 26/2012 Sch 1	23.8.2012
interstate authorised health professional amended to read interstate authorised mental health professional by 34/2016 s 64(4)	5.6.2017
s 76
s 76(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 65(1)—(3)	5.6.2017
s 76(2a) and (2b)	inserted by 34/2016 s 65(4)	5.6.2017
s 76(4)	amended by 34/2016 s 65(5)	5.6.2017
s 76(5)	substituted by 34/2016 s 65(6)	5.6.2017
s 76(6)	amended by 34/2016 s 65(7)	5.6.2017
s 77
s 77(1)	amended by 34/2016 s 66(1)	5.6.2017
s 77(3)	amended by 34/2016 s 66(2)	5.6.2017
s 77(4)	substituted by 34/2016 s 66(3)	5.6.2017
s 77(5)	amended by 34/2016 s 66(4)	5.6.2017
s 78
s 78(2)	substituted by 34/2016 s 67	5.6.2017
Pt 11
Div 1 heading	deleted by 26/2014 s 120	29.3.2015
s 79
s 79(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 121(1)	29.3.2015
(a) deleted by 34/2016 s 68(1)	5.6.2017
amended by 34/2016 s 68(2)	5.6.2017
s 79(2)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 121(1)	29.3.2015
s 79(3) and (4)	amended by 26/2014 s 121(1)	29.3.2015
s 79(5)	inserted by 26/2014 s 121(2)	29.3.2015
s 80
s 80(1) and (2)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 122	29.3.2015
s 80(3)	amended by 26/2014 s 122	29.3.2015
Div 2 heading	deleted by 26/2014 s 123	29.3.2015
s 81
s 81(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 124(1), (2)	29.3.2015
amended by 34/2016 s 69(1)	5.6.2017
s 81(1a)	inserted by 26/2014 s 124(3)	29.3.2015
deleted by 34/2016 s 69(2)	5.6.2017
s 81(2)	amended by 26/2014 s 124(4), (5)	29.3.2015
s 81(2a)	inserted by 26/2014 s 124(6)	29.3.2015
amended by 34/2016 s 69(3)	5.6.2017
s 81(2b)—(2d)	inserted by 51/2017 s 179	14.12.2017
s 81(3)	amended by 26/2014 s 124(7), (8)	29.3.2015
s 81(4)	substituted by 26/2014 s 124(9)	29.3.2015
deleted by 34/2016 s 69(4)	5.6.2017
s 81(5)	amended by 26/2012 Sch 1	23.8.2012
amended by 26/2014 s 124(10)—(12)	29.3.2015
deleted by 34/2016 s 69(4)	5.6.2017
s 82	deleted by 26/2014 s 125	29.3.2015
s 83
s 83(1)	amended by 26/2014 s 126(1), (2)	29.3.2015
s 83(2)	amended by 26/2014 s 126(3)	29.3.2015
s 83(3)	amended by 26/2014 s 126(4)	29.3.2015
s 83A	inserted by 26/2014 s 127	29.3.2015
s 84	substituted by 26/2014 s 127	29.3.2015
s 84(1)	amended by 4/2023 s 29	22.6.2023
s 85	deleted by 26/2014 s 127	29.3.2015
Pt 11A	inserted by 26/2014 s 127	29.3.2015
s 85
s 85(1)	amended by 34/2016 s 70	5.6.2017
Pt 12
Pt 12 Div 1
s 86	amended by 64/2017 s 122	22.10.2018
Pt 12 Div 2
s 90
s 90(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 71(1)—(3)	5.6.2017
s 90(2)	amended by 34/2016 s 71(4)	5.6.2017
s 90(5)—(7)	inserted by 34/2016 s 71(5)	5.6.2017
s 92
s 92(1)	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 72	5.6.2017
Pt 12 Div 3
s 93
s 93(1)	amended by 34/2016 s 73(1)	5.6.2017
s 93(2)	amended by 34/2016 s 73(2), (3)	5.6.2017
s 93(3)	inserted by 34/2016 s 73(4)	5.6.2017
Pt 12 Div 4
heading	substituted by 34/2016 s 74	5.6.2017
s 94
s 94(1)	amended by 34/2016 s 75(1), (2)	5.6.2017
s 94(2)	amended by 34/2016 s 75(3), (4)	5.6.2017
s 94(3)	inserted by 34/2016 s 75(5)	5.6.2017
s 95
s 95(1)	amended by 34/2016 s 76(1), (2)	5.6.2017
s 95(2)	amended by 34/2016 s 76(3)	5.6.2017
Pt 12 Div 5
s 96
s 96(1)	amended by 34/2016 s 77(1)	5.6.2017
s 96(2)	amended by 34/2016 s 77(2), (3)	5.6.2017
s 97
s 97(1)	amended by 34/2016 s 78(1)	5.6.2017
s 97(2)	amended by 34/2016 s 78(2), (3)	5.6.2017
s 97A	inserted by 34/2016 s 79	5.6.2017
s 98 before deletion by 34/2016
s 98(1)	amended by 26/2012 Sch 1	23.8.2012
s 98	deleted by 34/2016 s 80	5.6.2017
s 99 before deletion by 34/2016
s 99(1) and (2)	amended by 26/2012 Sch 1	23.8.2012
s 99	deleted by 34/2016 s 80	5.6.2017
Pt 13
s 101
s 101(2)	amended by 26/2012 s 7	23.8.2012
amended by 26/2014 s 128	29.3.2015
s 102
s 102(1), (3) and (4)	amended by 34/2016 s 81	5.6.2017
s 102(5)	amended by 26/2012 Sch 1	23.8.2012
s 103	amended by 26/2012 Sch 1	23.8.2012
amended by 34/2016 s 82	5.6.2017
s 104	amended by 26/2012 Sch 1	23.8.2012
s 105	deleted by 9/2010 s 3	29.7.2010
s 106
s 106(1)	amended by 21/2021 Sch 1 cl 1(1)	23.8.2021
s 106(2)	amended by 21/2021 Sch 1 cl 1(2)	23.8.2021
s 106(4)	amended by 26/2012 Sch 1	23.8.2012
s 107
s 107(2) and (3)	amended by 26/2014 s 129	29.3.2015
s 108	amended by 26/2014 s 130	29.3.2015
s 109	amended by 26/2012 Sch 1	23.8.2012
(f) deleted by 34/2016 s 83	5.6.2017
s 111	amended by 34/2016 s 84	5.6.2017
Sch 2
cl 1	omitted under Legislation Revision and Publication Act 2002	23.8.2012