Mental Health (Inpatient) Amendment Act 2012 (SA)
South Australia
An
Act to amend the
This Act may be cited as the
Mental Health (Inpatient) Amendment Act 2012 .
This Act will come into operation on a day to be fixed by proclamation.
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
(1) Section 3, definition of
detention and treatment order —delete the definition(2) Section 3—after the definition of
guardian insert:
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;
involuntary inpatient means an inpatient who is subject to an inpatient treatment order;
leave of absence —see section 36;(3) Section 3, definition of
patient , (a)—delete "patient in a treatment centre" and substitute:inpatient
(4) Section 3, definition of
patient at large , (b)—delete "being detained" and substitute:an involuntary inpatient
(5) Section 3, definition of
voluntary patient —delete the definition and substitute:
voluntary inpatient means an inpatient who is not subject to an inpatient treatment order.
Section 34—delete the section and substitute:
34—Involuntary inpatients not permitted to leave treatment centre or care and control of staff
(1) An involuntary inpatient in a treatment centre is not permitted to leave the treatment centre without being in the care and control of treatment centre staff or having been granted a leave of absence.
(2) An involuntary inpatient under the care and control of treatment centre staff outside the treatment centre is not permitted to leave that care and control without having been granted a leave of absence.
(3) If granted a leave of absence, the involuntary inpatient is required to comply with the conditions of the leave of absence.
34A—Confinement and other powers relating to involuntary inpatients
(1) This section applies to a patient to whom an inpatient treatment order applies who is present at, or has been admitted to, a treatment centre.
(2) Treatment centre staff may take measures for the confinement of the patient, and exercise powers (including the power to use reasonable force), as reasonably required—
(a) for carrying the inpatient treatment order applying to the patient into effect and ensuring compliance with this Act; and
(b) for the maintenance of order and security at the centre or the prevention of harm or nuisance to others.
(3) Subsection (2) has effect subject to Part 2 and the other provisions of this Act and, in the case of staff other than the director, subject to the directions of the director.
(1) Section 42(1)(c)—delete the paragraph and substitute:
(c) written consent to the treatment has been given—
(i) if the patient has attained 16 years of age and is capable of making decisions on his or her own behalf—by the patient; or
(ii) if the patient has attained 16 years of age but is incapable of making decisions on his or her own behalf—by a medical agent or guardian of the patient or by the Board on application under this section; or
(iii) if the patient is under 16 years of age—by a parent or guardian of the patient or by the Board on application under this section.
(2) Section 42(9)(a)—delete paragraph (a)
Section 101(2)—after "author of the instrument," insert:
a person confirming or varying the instrument,
Schedule 1—Further amendments of Mental Health Act 2009
Long title | Long title—delete "detention and treatment" and substitute:
|
Act | Act (except Schedule 2)—delete "level 1 detention and treatment order" wherever occurring and substitute in each case:
Act (except Schedule 2)—delete "level 2 detention and treatment order" wherever occurring and substitute in each case:
Act (except Schedule 2)—delete "level 3 detention and treatment order" wherever occurring and substitute in each case:
Act (except sections 35 and 98)—delete "a detention and treatment order" wherever occurring and substitute in each case:
Act—delete "the detention and treatment order" wherever occurring and substitute in each case:
Act—delete "or detention and treatment order" wherever occurring and substitute in each case:
Act—delete "interstate detention and treatment order" wherever occurring and substitute in each case:
Act—delete "South Australian detention and treatment order" wherever occurring and substitute in each case:
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Section 6—Objects | Section 6(b)—delete "detention and treatment" and substitute:
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Heading to Part 3 | Heading
to Part 3—delete "
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Section 8—Voluntary inpatients | Section 8—delete "voluntary patient" wherever occurring and substitute in each case:
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Section 9—Voluntary inpatients to be given statement of rights | Section 9(1)—delete "voluntary patient" and substitute:
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Heading to Part 5 | Heading
to Part 5—delete "
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Heading to Part 5 Division 1 | Heading
to Part 5 Division 1—delete "
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Heading to Part 5 Division 2 | Heading
to Part 5 Division 2—delete "
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Section 21—Level 1 inpatient treatment orders | Section 21(1)—delete "be detained and receive treatment" and substitute:
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Section 23—Copies of level 1 orders, notices and statements of rights to be given to patients etc | Section 23(4)—delete "detained" and substitute:
Section 23(5)—delete "detained" and substitute:
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Heading to Part 5 Division 3 | Heading
to Part 5 Division 3—delete "
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Section 25—Level 2 inpatient treatment orders | Section 25(1)—delete "detention and treatment of the patient" and substitute:
Section 25(7)—delete subsection (7) |
Section 26—Notices and reports relating to level 2 orders | Section 26(4)—delete "detained under the order" and substitute:
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Section 27—Copies of level 2 orders and notices to be given to patients etc | Section 27(4)—delete "detained" and substitute:
Section 27(5)—delete "detained" and substitute:
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Heading to Part 5 Division 4 | Heading
to Part 5 Division 4—delete "
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Section 29—Level 3 inpatient treatment orders | Section 29(1)—delete "be detained and receive treatment" and substitute:
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Section 33—Duty of director of treatment centre to comply with inpatient treatment orders | Section 33(1)(b)—delete "voluntary patient in a treatment centre" and substitute:
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Section 35—Transfer of involuntary inpatients | Section 35(1)—delete "a patient to whom a detention and treatment order applies" and substitute:
Section 35(2)—delete "in which a patient has been detained" Section 35(2)(a)—delete "the patient" first occurring and substitute:
Section 35(3)—delete "a patient to whom a detention and treatment order applies" and substitute:
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Section 36—Leave of absence of involuntary inpatients | Section 36(1)—delete "a patient detained in the centre" and substitute:
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Section 37—Persons granted leave of absence to be given statement of rights | Section 37(1)—delete "a patient detained in the centre" and substitute:
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Section 39—Treatment and care plans for voluntary inpatients | Section 39(1)—delete "voluntary patient in a treatment centre" and substitute:
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Section 41—Treatment and care plans for patients to whom inpatient treatment orders apply | Section 41(2)(a)—delete "while in detention at" wherever occurring and substitute in each case:
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Section 47—Patients' right to be supported by guardian etc | Section 47—delete "treated or detained" wherever occurring and substitute in each case:
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Section 48—Patients' right to communicate with others outside treatment centre | Section 48(2)(a)—delete "any detention and treatment order" and substitute:
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Section 52—Visits to and inspection of treatment centres | Section 52(3)(b)—delete "patient detained or being treated in the centre" and substitute:
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Section 53—Requests to see community visitors | Section 53(2)—delete "being detained or treated" and substitute:
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Section 61—Interpretation | Section 61,
definition of
Section 61—after
the definition of
Section 61,
definition of
Section 61,
definition of
Section 61,
definition of
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Section 70—Transfer from South Australian treatment centres | Section 70(1)—delete "a patient who is detained in" and substitute:
Section 70(4)(b)—delete "detained" and substitute:
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Section 76—Transport to other jurisdictions when interstate inpatient treatment orders apply | Section 76(1)(d)—delete "detained" and substitute:
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Section 79—Reviews | Section 79(1)(c)—delete "previous detention and treatment order" and substitute:
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Section 90—Chief Psychiatrist's functions | Section 90(1)(b)—delete "voluntary patients and patients to whom detention and treatment orders apply" and substitute:
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Section 92—Annual report by Chief Psychiatrist | Section 92(1)(a)—delete "detention and treatment order" and substitute:
Section 92(1)(a)(ii)—delete subparagraph (ii) and substitute:
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Section 98—Register of patients | Section 98(1)—delete "under a detention and treatment order or as a voluntary patient" and substitute:
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Section 99—Particulars relating to admission of patients to treatment centres | Section 99(1)(a)—delete "admitted to, or is being detained in," and substitute:
Section 99(2)—delete ", detained" |
Section 102—Offences relating to authorisations and orders | Section 102(5)—delete ", or detained in," |
Section 103—Medical practitioners or health professionals not to act in respect of relatives | Section 103—delete "or detention" |
Section 104—Removing inpatients from treatment centres | Section 104—delete "a patient who is being detained in a treatment centre from the centre" and substitute:
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Section 109—Evidentiary provisions | Section 109(a)—delete "detention and treatment order" and substitute:
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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 .
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 .
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.
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