South Australian Current Acts South Australian Current Acts71—Transfer to South Australian treatment centres
(1) The
Chief Psychiatrist may approve the transfer of a person to whom an interstate
inpatient treatment order applies (including an interstate patient
absent without leave) to a South Australian treatment centre.
(2) An approval under
this section must be given by writing in the form approved by the
Chief Psychiatrist.
(2a) The Chief
Psychiatrist must ensure that, as soon as practicable after the patient is
admitted to the South Australian treatment centre—
(a) the
patient is given a copy of—
(i)
the order; and
(ii)
a written statement in the form approved by the
Chief Psychiatrist (a
"statement of rights")—
(A) informing the patient of his or her
legal rights; and
(B) containing any other information
prescribed by the regulations; and
(b)
subject to subsection (2b)—a guardian, medical agent, relative,
carer or friend of the patient is notified of the patient's admission.
(2b) The following
provisions apply for the purposes of subsection (2a)(b):
(a) the
person to be notified must be—
(i)
a guardian, medical agent, relative, carer or friend of
the person 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.
(3) If an approval is
given under this section for the transfer of a person to a
South Australian treatment centre, this Act applies as if a level 1
inpatient treatment order had been made under this Act in respect of the
person at the time of admission of the person to the South Australian
treatment centre.