Mental Health Regulations 2010 (SA)

South Australia Mental Health Regulations 2010 under the Mental Health Act 2009

Contents 1 Short title 3 Interpretation 4 Statement of rights (sections 9, 12, 23, 27, 37 and 46 of Act) 5 Notification to Commissioner of Police of action taken under Act (section 57(10) of Act) 6 Arrangements between South Australia and other jurisdictions (Part 10 of Act) 7 Scale of legal practitioner fees (section 84(3) of Act) Legislative history

1—Short title These regulations may be cited as the Mental Health Regulations 2010. 3—Interpretation In these regulations— Act means the Mental Health Act 2009. 4—Statement of rights (sections 9, 12, 23, 27, 37 and 46 of Act) (1) A statement of rights given under section 9 of the Act to a voluntary patient must contain— (a) an explanation of the circumstances in which a community treatment order or an inpatient treatment order may be made; and (b) an explanation of the effect of Part 6 of the Act; and (c) an explanation of the effect of section 106 of the Act; and (d) any other information required to be included by the Minister. (2) A statement of rights given under section 12 of the Act to a patient as soon as practicable after the making of a level 1 community treatment order must contain— (a) an explanation of the circumstances in which an inpatient treatment order may be made; and (b) an explanation of the effect of section 106 of the Act; and (c) any other information required to be included by the Minister. (3) A statement of rights given under section 23 of the Act to a patient as soon as practicable after the making of a level 1 inpatient treatment order must contain— (a) an explanation of the powers that may be exercised in relation to the patient if he or she becomes a patient at large; and (b) an explanation of the effect of section 106 of the Act; and (c) any other information required to be included by the Minister. (4) A statement of rights given under section 27 of the Act to a patient as soon as practicable after the making of a level 2 inpatient treatment order must contain— (a) an explanation of the powers that may be exercised in relation to the patient if he or she becomes a patient at large; and (b) an explanation of the effect of Part 6 of the Act; and (c) an explanation of the effect of section 106 of the Act; and (d) any other information required to be included by the Minister. (5) A statement of rights given under section 37 of the Act to an involuntary inpatient before commencing leave of absence must contain— (a) an explanation of the effect of section 38 of the Act; and (b) an explanation of the powers that may be exercised in relation to the patient if he or she becomes a patient at large; and (c) any other information required to be included by the Minister. (6) A statement of rights given under section 46 of the Act to a patient as soon as practicable after the making by the Tribunal of an order or decision under the Act in respect of the patient must contain information required to be included by the Minister. 5—Notification to Commissioner of Police of action taken under Act (section 57(10) of Act) Notification under section 57(10) of the Act to the Commissioner of Police of action taken under the Act in relation to a person who has been arrested for an offence and released from police custody for the purpose of medical examination or treatment under the Act must be given as soon as practicable after the action is taken in accordance with the following requirements: (a) if a community treatment order is made in respect of the person as a result of the examination—the notification must include details of the type of order and its duration; (b) if an inpatient treatment order is made in respect of the person as a result of the examination or before the expiry of such an order made as a result of the examination—the notification must include details of the type of order and its duration and specify the treatment centre at which the person is an involuntary inpatient; (c) if the person is subsequently transferred to another treatment centre—the notification must specify the treatment centre to which the person is transferred. 6—Arrangements between South Australia and other jurisdictions (Part 10 of Act) Each of the following is declared to be a corresponding law for the purposes of Part 10 of the Act: (a) the Mental Health and Related Services Act 1998 of the Northern Territory; (b) the Mental Health Act 2007 of New South Wales; (c) the Mental Health Act 1986 of Victoria; (d) the Mental Health (Treatment & Care) Act 1994 of the Australian Capital Territory; (e) the Mental Health Act 2000 of Queensland; (f) the Mental Health Act 1996 of Tasmania; (g) the Mental Health Act 1996 of Western Australia. 7—Scale of legal practitioner fees (section 84(3) of Act) A legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person under section 84 of the Act is entitled to receive fees for their services from the Minister in accordance with the scale prescribed by fee notice.