South Australian Current Acts South Australian Current Acts70—Transfer from South Australian treatment centres
(1) The
Chief Psychiatrist may give a direction for the transfer to an interstate
treatment centre of an involuntary inpatient or a patient absent without leave
from a South Australian treatment centre.
(2) Section 63(1)
applies to the giving of a direction under this section.
(3) A direction under
this section must be given by writing in the form approved by the
Chief Psychiatrist.
(4) The Chief
Psychiatrist must—
(a)
subject to subsection (5), notify a guardian, medical agent, relative,
carer or friend of the patient of the transfer of the patient to the
interstate treatment centre; and
(b) if
the patient is an involuntary inpatient in the South Australian
treatment centre under a level 3 inpatient treatment order—notify
the Tribunal of the transfer.
(5) The following
provisions apply for the purposes of subsection (4)(a):
(a) 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;
(b) the
Chief Psychiatrist is not required to notify a person whose whereabouts are
not known to or readily ascertainable by the Chief Psychiatrist;
(c) it
is not appropriate for the Chief Psychiatrist to notify a particular person if
the Chief Psychiatrist has reason to believe that it would be contrary to the
patient's best interests to do so.
(6) Subject to
subsection (7), a patient must not be transferred to an interstate
treatment centre pursuant to a direction under this section until the period
allowed for appeal against the direction has expired or, if an appeal has been
instituted, until the appeal is finally determined or lapses.
(7)
Subsection (6) does not apply if written consent to the transfer has been
given—
(a) 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
(b) in
any other case—by a person referred to in subsection (5)(a).