South Australian Consolidated Acts

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MENTAL HEALTH ACT 2009 - SECT 7

7—Guiding principles

        (1)         The Minister, the Board, the Chief Psychiatrist, health professionals and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the performance of their functions:

            (a)         mental health services should be designed to bring about the best therapeutic outcomes for patients, and, as far as possible, their recovery and participation in community life;

            (b)         the services should be provided on a voluntary basis as far as possible, and otherwise in the least restrictive way and in the least restrictive environment that is consistent with their efficacy and public safety, and at places as near as practicable to where the patients, or their families or other carers or supporters, reside;

            (c)         the services should—

                  (i)         be governed by comprehensive treatment and care plans that are developed in a multi-disciplinary framework in consultation with the patients (including children) and their family or other carers or supporters; and

                  (ii)         take into account the different developmental stages of children and young persons and the needs of the aged; and

                  (iii)         take into account the different cultural backgrounds of patients; and

                  (iv)         in the case of patients of Aboriginal or Torres Strait Islander descent, take into account the patients' traditional beliefs and practices and, when practicable and appropriate, involve collaboration with health workers and traditional healers from their communities;

            (d)         there should be regular medical examination of every patient's mental and physical health and regular medical review of any order applying to the patient;

            (e)         children and young persons should be cared for and treated separately from other patients as necessary to enable the care and treatment to be tailored to their different developmental stages;

            (f)         the rights, welfare and safety of the children and other dependants of patients should always be considered and protected as far as possible;

            (g)         medication should be used only for therapeutic purposes or safety reasons and not as a punishment or for the convenience of others;

            (h)         mechanical body restraints and seclusion should be used only as a last resort for safety reasons and not as a punishment or for the convenience of others;

                  (i)         patients (together with their family or other carers or supporters) should be provided with comprehensive information about their illnesses, any orders that apply to them, their legal rights, the treatments and other services that are to be provided or offered to them and what alternatives are available;

            (j)         information should be provided in a way that ensures as far as practicable that it can be understood by those to whom it is provided.

        (2)         In this section—

"mental health services" means all services involved in the treatment, care and rehabilitation of persons with serious mental illness, including the making and carrying out of orders under this Act and services to assist the recovery of patients after the termination of the orders or the completion of treatment.



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