South Australian Consolidated Acts

MENTAL HEALTH ACT 2009 - SECT 29

29—Level 3 detention and treatment orders

        (1)         If the Board is satisfied that—

            (a)         a 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 is no less restrictive means than a detention and treatment order of ensuring appropriate treatment of the person's illness,

the Board may make an order that the person be detained and receive treatment in an approved treatment centre (a "level 3 detention and treatment order ).

        (2)         In considering whether there is no less restrictive means than a detention and 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 or in compliance with a community treatment order.

        (3)         A level 3 detention and treatment order may be made, on application, in respect of a person to whom a level 2 or level 3 detention and treatment order applies.

        (4)         An application may be made for the Board to make a level 3 detention and treatment order in respect of a person by the Public Advocate, the director of an approved treatment centre or an employee in an approved treatment centre authorised by the director of the centre for the purpose.

        (5)         A level 3 detention and treatment order, unless earlier revoked, expires at a time fixed in the order which must be—

            (a)         in the case of an order relating to a child—2 pm on a business day not later than 6 calendar months after the day on which it is made; or

            (b)         in any other case—2 pm on a business day not later than 12 calendar months after the day on which it is made.

        (6)         The Board may, on application, by order, vary or revoke a level 3 detention and treatment order at any time.

        (7)         An application for variation or revocation of a level 3 detention and treatment order may be made by—

            (a)         the patient; or

            (b)         the Public Advocate; or

            (c)         a medical practitioner; or

            (d)         a mental health clinician; or

            (e)         a guardian, medical agent, relative, carer or friend of the patient; or

            (f)         any other person who satisfies the Board that he or she has a proper interest in the welfare of the patient.

Note—

If the Board revokes a level 3 detention and treatment order, it may, in substitution, make a level 2 community treatment order under Part 4 Division 2.