South Australian Consolidated Acts South Australian Consolidated Acts10—Level 1 community treatment orders
(1) A medical
practitioner or authorised health professional may make an order for the
treatment of a person (a "level 1 community treatment order") if it appears to
the medical practitioner or authorised health professional, after examining
the person, that—
(a) the
person has a mental illness; and
(b)
because of the mental illness, the person requires treatment for the person's
own protection from harm (including harm involved in the continuation or
deterioration of the person's condition) or for the protection of others from
harm; and
(c)
there are facilities and services available for appropriate treatment of the
illness; and
(d)
there is no less restrictive means than a community treatment order of
ensuring appropriate treatment of the person's illness.
(2) In considering
whether there is no less restrictive means than a community treatment order of
ensuring appropriate treatment of the person's illness, consideration must be
given, amongst other things, to the prospects of the person receiving all
treatment of the illness necessary for the protection of the person and others
on a voluntary basis.
(3) A
level 1 community treatment order must be made in writing in the form approved
by the Minister.
(4) A
level 1 community treatment order, unless earlier revoked, expires at a time
fixed in the order which must be 2 pm on a business day not later than
28 days after the day on which it is made.
(5) If a level 1
community treatment order has been made by a person other than a psychiatrist
or authorised medical practitioner, the following provisions apply:
(a) a
psychiatrist or authorised medical practitioner must examine the patient
within 24 hours of the making of the order;
(b) if
it is not practicable to examine the patient within that period, a
psychiatrist or authorised medical practitioner must examine the patient as
soon as practicable thereafter;
(c)
after completing the examination, the psychiatrist or authorised medical
practitioner may confirm the level 1 community treatment order if
satisfied that the grounds referred to in subsection (1) exist for the
making of a level 1 community treatment order, but otherwise must revoke
the order.
(6) A medical
practitioner or authorised health professional may form an opinion about a
person under subsection (1) or (5) based on his or her own observations
and any other available evidence that he or she considers reliable and
relevant (which may include evidence about matters occurring outside the
State).
(7) A psychiatrist or
authorised medical practitioner who has examined a patient to whom a
level 1 community treatment order applies may vary or revoke the order at any
time.
Note—
A psychiatrist or authorised medical practitioner who revokes a level 1
community treatment order may, in substitution, make a level 1 detention
and treatment order under Part 5 Division 2.
(8) Confirmation,
variation or revocation of a level 1 community treatment order must be
effected by written notice in the form approved by the Minister.