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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Mental Health (Inpatient) Amendment
Bill 2012
A BILL FOR
An Act to amend the Mental
Health Act 2009.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Mental Health
Act 2009
4Amendment of section
3—Interpretation
5Substitution of section
34
34Involuntary inpatients
not permitted to leave treatment centre or care and control of
staff
34AConfinement and other powers
relating to involuntary inpatients
6Amendment of section
42—ECT
7Amendment of section 101—Errors in orders
etc
Schedule 1—Further amendments of
Mental Health Act 2009
Schedule 2—Transitional
provisions
1Level 1 detention and treatment
order
2Level 2 detention and treatment
order
3Level 3 detention and treatment
order
4Purported detention and treatment orders after
commencement
The Parliament of South Australia enacts as
follows:
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.
Part 2—Amendment
of Mental Health
Act 2009
4—Amendment
of section 3—Interpretation
(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)
7—Amendment
of section 101—Errors in orders etc
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
|
Provision amended |
How amended |
|---|---|
|
Long title |
Long title—delete "detention and treatment" and substitute: inpatient treatment |
|
Act |
Act (except Schedule 2)—delete "level 1 detention and
treatment order" wherever occurring and substitute in each case: level 1 inpatient treatment order Act (except Schedule 2)—delete "level 2 detention and
treatment order" wherever occurring and substitute in each case: level 2 inpatient treatment order Act (except Schedule 2)—delete "level 3 detention and
treatment order" wherever occurring and substitute in each case: level 3 inpatient treatment order Act (except sections 35 and 98)—delete "a detention and
treatment order" wherever occurring and substitute in each case: an inpatient treatment order Act—delete "the detention and treatment order" wherever occurring and
substitute in each case: the inpatient treatment order Act—delete "or detention and treatment order" wherever occurring and
substitute in each case: or inpatient treatment order Act—delete "interstate detention and treatment order" wherever
occurring and substitute in each case: interstate inpatient treatment order Act—delete "South Australian detention and treatment order" wherever
occurring and substitute in each case: South Australian inpatient treatment order |
|
Section 6—Objects |
Section 6(b)—delete "detention and treatment" and
substitute: inpatient treatment |
|
Heading to Part 3 |
Heading to Part 3—delete "patients" and
substitute: inpatients |
|
Section 8—Voluntary inpatients |
Section 8—delete "voluntary patient" wherever occurring and
substitute in each case: voluntary inpatient |
|
Section 9—Voluntary inpatients to be given statement of
rights |
Section 9(1)—delete "voluntary patient" and
substitute: voluntary inpatient |
|
Heading to Part 5 |
Heading to Part 5—delete "detention and treatment" and
substitute: treatment as inpatient |
|
Heading to Part 5 Division 1 |
Heading to Part 5 Division 1—delete "detention and
treatment orders" and substitute: inpatient treatment orders |
|
Heading to Part 5 Division 2 |
Heading to Part 5 Division 2—delete "detention and
treatment orders" and substitute: inpatient treatment orders |
|
Section 21—Level 1 inpatient treatment orders |
Section 21(1)—delete "be detained and receive treatment" and
substitute: receive treatment as an inpatient |
|
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: admitted as an inpatient Section 23(5)—delete "detained" and substitute: admitted as an inpatient |
|
Heading to Part 5 Division 3 |
Heading to Part 5 Division 3—delete "detention and
treatment orders" and substitute: inpatient treatment orders |
|
Section 25—Level 2 inpatient treatment orders |
Section 25(1)—delete "detention and treatment of the patient"
and substitute: treatment of the patient as an inpatient in an approved treatment
centre 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: an involuntary inpatient |
|
Section 27—Copies of level 2 orders and notices to be given
to patients etc |
Section 27(4)—delete "detained" and substitute: admitted as an inpatient Section 27(5)—delete "detained" and substitute: admitted as an inpatient |
|
Heading to Part 5 Division 4 |
Heading to Part 5 Division 4—delete "detention and
treatment orders" and substitute: inpatient treatment orders |
|
Section 29—Level 3 inpatient treatment orders |
Section 29(1)—delete "be detained and receive treatment" and
substitute: receive treatment as an inpatient |
|
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: voluntary inpatient |
|
Section 35—Transfer of involuntary inpatients |
Section 35(1)—delete "a patient to whom a detention and
treatment order applies" and substitute: an involuntary inpatient Section 35(2)—delete "in which a patient has been
detained" Section 35(2)(a)—delete "the patient" first occurring and
substitute: an involuntary inpatient Section 35(3)—delete "a patient to whom a detention and
treatment order applies" and substitute: an involuntary inpatient |
|
Section 36—Leave of absence of involuntary inpatients |
Section 36(1)—delete "a patient detained in the centre" and
substitute: an involuntary inpatient |
|
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: an involuntary inpatient |
|
Section 39—Treatment and care plans for voluntary
inpatients |
Section 39(1)—delete "voluntary patient in a treatment centre"
and substitute: voluntary inpatient |
|
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: as an inpatient in |
|
Section 47—Patients' right to be supported by guardian
etc |
Section 47—delete "treated or detained" wherever occurring and
substitute in each case: an inpatient |
|
Section 48—Patients' right to communicate with others outside
treatment centre |
Section 48(2)(a)—delete "any detention and treatment order" and
substitute: any inpatient treatment order |
|
Section 52—Visits to and inspection of treatment
centres |
Section 52(3)(b)—delete "patient detained or being treated in
the centre" and substitute: inpatient |
|
Section 53—Requests to see community visitors |
Section 53(2)—delete "being detained or treated" and
substitute: an inpatient |
|
Section 61—Interpretation |
Section 61, definition of interstate community treatment
order—delete "detention in an interstate treatment centre" and
substitute: treatment as an interstate inpatient Section 61—after the definition of interstate community
treatment order insert: interstate inpatient means a person admitted as a patient in
an interstate treatment centre; Section 61, definition of interstate detention and treatment
order (to be amended to interstate inpatient treatment
order)—delete "the detention and treatment in an interstate
treatment centre" and substitute: the treatment as an interstate inpatient Section 61, definition of interstate patient at
large—delete "being detained" and substitute: an interstate inpatient Section 61, definition of interstate treatment
centre—delete "detained and treated" and substitute: admitted |
|
Section 70—Transfer from South Australian treatment
centres |
Section 70(1)—delete "a patient who is detained in" and
substitute: an involuntary inpatient Section 70(4)(b)—delete "detained" and substitute: an involuntary inpatient |
|
Section 76—Transport to other jurisdictions when interstate
inpatient treatment orders apply |
Section 76(1)(d)—delete "detained" and substitute: treated as an involuntary inpatient |
|
Section 79—Reviews |
Section 79(1)(c)—delete "previous detention and treatment order"
and substitute: previous inpatient treatment order |
|
Section 90—Chief Psychiatrist's functions |
Section 90(1)(b)—delete "voluntary patients and patients to whom
detention and treatment orders apply" and substitute: voluntary inpatients and involuntary inpatients |
|
Section 92—Annual report by Chief Psychiatrist |
Section 92(1)(a)—delete "detention and treatment order" and
substitute: inpatient treatment order Section 92(1)(a)(ii)—delete subparagraph (ii) and
substitute: (ii) demographic information about the patients, including information
about areas of residence and places of treatment; and |
|
Section 98—Register of patients |
Section 98(1)—delete "under a detention and treatment order or
as a voluntary patient" and substitute: as a voluntary inpatient or involuntary inpatient |
|
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: a voluntary or involuntary inpatient in 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: an involuntary inpatient from a treatment centre |
|
Section 109—Evidentiary provisions |
Section 109(a)—delete "detention and treatment order" and
substitute: inpatient treatment order |
Schedule 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.