South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless the contrary intention appears—
"ambulance officer" means a person who is—
(a)
employed as an ambulance officer, or engaged as a volunteer ambulance officer,
with an organisation that provides ambulance services; and
(b)
authorised by the chief executive officer of SA Ambulance Service Inc to
exercise the powers conferred by this Act on authorised officers;
"approved treatment centre" means a place determined by the Minister under
Part 12 Division 5 to be an approved treatment centre for the purposes of
this Act;
"authorised health professional" means a person determined by the Minister
under Part 12 Division 4 to be an authorised health professional for the
purposes of this Act;
"authorised medical practitioner" means a person determined by the Minister
under Part 12 Division 3 to be an authorised medical practitioner for the
purposes of this Act;
"authorised officer" means—
(a) a
mental health clinician; or
(b) an
ambulance officer; or
(c) a
person employed as a medical officer or flight nurse by the Royal Flying
Doctor Service of Australia (Central Operations) Incorporated or the Royal
Flying Doctor Service of Australia (South Eastern Section); or
(d) a
person of a class prescribed by the regulations;
"Board" means the Guardianship Board established under the
Guardianship and Administration Act 1993 ;
"business day" means a day other than a Saturday or a Sunday or other public
holiday;
"carer"—a person is a carer of another if the person provides ongoing
care or assistance to the other as a carer within the meaning of the
Carers Recognition Act 2005 ; the term includes a person who was a carer
of another before interruption of the provision of care due to the other's
illness;
"Chief Executive" means the chief executive of the administrative unit of the
Public Service that is, under the Minister, responsible for the
administration of this Act;
"Chief Psychiatrist" means the person appointed to the position of Chief
Psychiatrist under Part 12 Division 2;
"child" means a person under 18 years of age;
"community treatment order" means—
(a) a
level 1 community treatment order; or
(b) a
level 2 community treatment order;
"community visitor" means—
(a) the
person appointed to the position of Principal Community Visitor under Part 8
Division 2; or
(b) a
person appointed to a position of Community Visitor under Part 8
Division 2;
"consent" to treatment means effective consent to the treatment;
"detention and treatment order" means—
(a) a
level 1 detention and treatment order; or
(b) a
level 2 detention and treatment order; or
(c) a
level 3 detention and treatment order;
"director" of a treatment centre means the person for the time being in charge
of the centre or a person duly authorised to admit patients to the centre;
"domestic partner"—a person is a domestic partner of another if the
person is a domestic partner of the other within the meaning of the
Family Relationships Act 1975 , whether declared as such under that Act
or not; the term includes a person who was a domestic partner of another
before interruption of their shared living arrangements due to the other's
illness;
"ECT" means electro-convulsive therapy;
"guardian"—a person is a guardian of another if the person is acting or
appointed under any Act or law as the guardian of the other;
"legal practitioner" means a person admitted and enrolled as a practitioner of
the Supreme Court of South Australia;
"level 1 community treatment order"—see Part 4 Division 1;
"level 1 detention and treatment order"—see Part 5 Division 2;
"level 2 community treatment order"—see Part 4 Division 2;
"level 2 detention and treatment order"—see Part 5 Division 3;
"level 3 detention and treatment order"—see Part 5 Division 4;
"limited treatment centre" means a place determined by the Minister under Part
12 Division 5 to be a limited treatment centre for the purposes of this Act;
"medical agent"—a person is a medical agent of another if the person has
been appointed under an Act or law to make decisions on behalf of the other
about the other's medical treatment;
"medical examination" means examination of a person and the person's mental
health by a medical practitioner or authorised health professional;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"mental health clinician" means a person of a class of persons who are engaged
in the treatment or care of patients and classified by the Chief Psychiatrist
as mental health clinicians for the purposes of this Act;
"mental illness" means any illness or disorder of the mind; see also Schedule
1 (Certain conduct may not indicate mental illness);
"neurosurgery" for mental illness means leucotomy, amygdaloidotomy,
hypothalamotomy, temporal lobectomy, cingulectomy, electrode implantation in
the brain or any other brain surgery for the relief of mental illness by the
elimination or stimulation of apparently normal brain tissues;
"patient" means—
(a) a
voluntary patient in a treatment centre; or
(b) a
person to whom a community treatment order applies; or
(c) a
person to whom a detention and treatment order applies;
"patient at large"—a patient is at large if a detention and treatment
order applies to the patient but—
(a) the
patient has not been taken into, or remained in, the care and control of
treatment centre staff or an authorised officer or police officer after the
making of the order and before admission to a treatment centre; or
(b) the
patient has left a treatment centre in which he or she was being detained, or
the care and control of treatment centre staff, without leave of absence under
Part 5 Division 5; or
(c) the
patient has been granted leave of absence from a treatment centre under Part 5
Division 5, but has not returned to the centre or been taken into the care and
control of treatment centre staff or an authorised officer or police officer
by the expiry of the leave or after cancellation of the leave;
"patient transport request" means a patient transport request issued under
Part 9 or Part 10;
"prescribed psychiatric treatment" means—
(a) ECT;
or
(b)
neurosurgery for mental illness; or
(c) any
other treatment declared by the regulations to be prescribed psychiatric
treatment;
"psychiatrist" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the medical profession; and
(b)
holding specialist registration as a psychiatrist;
"Public Advocate" means the person holding or acting in the office of Public
Advocate under the Guardianship and Administration Act 1993 ;
"relative"—a person is a relative of another if—
(a) the
person is related to the other by blood or marriage; or
(b) the
person is a domestic partner of the other; or
(c) the
person is of Aboriginal or Torres Strait Islander descent and related to the
other according to Aboriginal kinship rules, or Torres Strait Islander kinship
rules, as the case may require;
"senior psychiatrist" means a person who has, since qualifying for
registration as a specialist in psychiatry, had at least 5 years'
experience as a practising psychiatrist;
"staff" of a treatment centre means the director of the centre or any person
performing duties involved in the administration or operations of the centre,
whether under a contract of employment or some other contractual arrangement;
"treatment" or "medical treatment" means treatment or procedures administered
or carried out by a medical practitioner or other health professional in the
course of professional practice, and includes the prescription or supply of
drugs;
"treatment centre" means an approved treatment centre or a limited treatment
centre;
"voluntary patient" means a person admitted as a voluntary patient in a
treatment centre who is not subject to a detention and treatment order.