Version: 12.6.

2003

South Australia

Mental Health Regulations 1995

under the Mental Health Act 1993

Contents
1 2 3 4 5 6 7 8 9 10 11 12 13 Short title Commencement Revocation Interpretation Forms for the purposes of section 12 (detention) Form for the purposes of section 14 (transfer of patient prior to admission) Form for the purposes of section 15 (statement of legal rights) Form for the purposes of section 16 (transfer of patients) Leave of absence from centre (section 17) Forms for the purposes of section 22 (consent to prescribed psychiatric treatment) Transport of patients Medical practitioner's right to recover fees Prescribed scale of legal practitioner fees (section 27)

ScheduleForms Legislative history

1Short title
These regulations may be cited as the Mental Health Regulations 1995.

2Commencement
These regulations will come into operation on the day on which the Mental Health Act 1993 comes into operation.

3Revocation
The Mental Health Regulations 1979 (see Gazette 13.9.1979 p714), as varied, are revoked.

4Interpretation
In these regulations, unless the contrary intention appears the Act means the Mental Health Act 1993; director, in relation to an approved treatment centre, means the person for the time being in charge of the treatment centre or a person duly authorised to admit patients to the treatment centre.

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5Forms for the purposes of section 12 (detention)

(1) Subject to subregulation (2), the following forms must be used in the exercise of powers under section 12 of the Act: (a) making an order under section 12(1) for the initial detention of a voluntary patient, or the admission and initial detention of any other personForm 1 of the Schedule; confirming or revoking under section 12(4) an initial detention orderForm 2 of the Schedule; making an order under section 12(5) for the further detention of a patient Form 3 of the Schedule; making an order under section 12(6) for the further detention of a patient Form 4 of the Schedule; revoking under section 12(8) any detention order made under section 12(5) or (6)Form 5 of the Schedule.

(b) (c) (d) (e) (2)

The forms prescribed for the purposes of section 14 of the Mental Health Act 1977 by the regulations revoked under regulation 3 may continue to be used during the period of 2 months from the commencement of these regulations.

6Form for the purposes of section 14 (transfer of patient prior to admission)

If a patient is to be transferred to another approved treatment centre pursuant to section 14(2) of the Act, the instrument of transfer must be in the form of Form 6 of the Schedule.

7Form for the purposes of section 15 (statement of legal rights)

For the purposes of section 15(1) of the Act, the statement of legal rights to be given to a patient on the commencement of his or her detention in an approved treatment centre must be in the form of Form 7 of the Schedule.

8Form for the purposes of section 16 (transfer of patients)

In any exercise of powers under section 16 of the Act relating to the transfer of a patient from one approved treatment centre to another, the psychiatrist's certificate and instrument of transfer must be in the form of Form 8 of the Schedule.

9Leave of absence from centre (section 17)

(1) In any exercise of powers under section 17 of the Act, the following forms must be used: (a) (b) (2) granting a patient leave of absence from an approved treatment centreForm 9 of the Schedule; cancelling any leave of absenceForm 10 of the Schedule.

If the director of an approved treatment centre has cancelled a patient's leave of absence from the centre, the director must, unless of the opinion that it is not appropriate or practicable to do so, cause all reasonable steps to be taken to have a copy of the notice of cancellation served personally on the patient, before any action is taken to apprehend the patient.

This version is not published under the Legislation Revision and Publication Act 2002

12.6.2003Mental Health Regulations 1995

10Forms for the purposes of section 22 (consent to prescribed psychiatric treatment)

(1) In authorising and giving consent under section 22(1) to the administration of prescribed psychiatric treatment, the following forms must be used: (a) (b) for category A treatment (psychosurgery)Form 11 of the Schedule; for category B treatment (electro convulsive therapy) (i) (ii) where the patient is capable of giving effective consentForm 12 of the Schedule; where the patient is incapable of giving effective consent and is under 16 years of ageForm 13 of the Schedule;

(iii) where the patient is incapable of giving effective consent and is 16 years of age or overForm 14 of the Schedule. (2) (3) A patient, parent or guardian who signs a consent form contained in Form 12 or 13 must do so in the presence of a witness. A doctor or psychiatrist who has authorised the giving of prescribed psychiatric treatment to a patient cannot act as witness to the signing of the consent form by the patient or his or her parent or guardian.

11Transport of patients
(1) If a request is made by a medical practitioner or the director of an approved treatment centre for the exercise of powers of apprehension or conveyance under the Act by a member of the police force or an ambulance officer, the request must be in the form of Form 15 of the Schedule. If a request is made to an ambulance service by the director of an approved treatment centre for the transport of a detained patient to another treatment centre, the request must be in the form of Form 15 of the Schedule. An ambulance service may recover from the department of the Minister the reasonable costs of the exercise of powers under the Act by any of the service's officers or for the transport of a detained patient from one approved treatment centre to another.

(2)

(3)

12Medical practitioner's right to recover fees

If, pursuant to section 23(1) of the Act, a person is taken by a member of the police force to a medical practitioner for examination (not being a medical practitioner employed by an approved treatment centre), the medical practitioner may recover from the department of the Minister the reasonable costs of the examination.

13Prescribed scale of legal practitioner fees (section 27)

For the purposes of section 27(3) of the Act, the prescribed scale for the fees that may be charged by a legal practitioner who represents an appellant before the Board pursuant to the scheme established by the Minister under that section is as follows:

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For all preparatory work done prior to the commencement of the hearing of the appeal (including attending adjournments of the hearing date) (a) (b) if the appeal is certified by the Board as complex in any other case if the appeal is certified by the Board as complex in any other case $325.60 $245.30 $107.80 $80.30

For attending the hearing of the appeal, per hour or part of an hour (a) (b)

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Mental Health Regulations 199512.6.2003 Legislative history

Legislative history
Notes
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.

Principal regulations and variations

New entries appear in bold.
Year No 1995 15 2000 163 2000 265 2003 147 Reference Gazette 2.3.1995 p763 Gazette 6.7.2000 p35 Gazette 23.11.2000 p3311 Gazette 12.6.2003 p2500 Commencement 6.3.1995: r 2 6.7.2000: r 2 23.11.2000: r 2 12.6.2003: r 2

Provisions varied
New entries appear in bold.
Provision r 11 r 11(3) r 12 r 13 Sch varied by 163/2000 r 3 varied by 163/2000 r 4 varied by 265/2000 r 3 heading substituted by 147/2003 Sch 1 6.7.2000 6.7.2000 23.11.2000 12.6.2003 How varied Commencement

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This version is not published under the Legislation Revision and Publication Act 2002