Transfer from South Australian treatment centres
70 Transfer from South Australian treatment centres
The
Chief Psychiatrist may give a direction for the transfer to an interstate treatment centre of an involuntary inpatient or a patient absent without leave from a South Australian treatment centre.
Section 63(1) applies to the giving of a direction under this section.
A direction under this section must be given by writing in the form approved by the Chief Psychiatrist.
The
Chief Psychiatrist must—
subject to subsection (5), notify a guardian, medical agent, relative, carer or friend of the patient of the transfer of the patient to the interstate treatment centre; and
if the patient is an involuntary inpatient in the South Australian treatment centre under a level 3 inpatient treatment order—notify the Tribunal of the transfer.
The following provisions apply for the purposes of subsection (4)(a):
the person to be notified must be—
a guardian, medical agent, relative, carer or friend of the patient nominated by the patient for the purpose; or
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
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;
the
Chief Psychiatrist is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief
Psychiatrist;
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.
Subject to subsection (7), a patient must not be transferred to an interstate treatment centre pursuant to a direction under this section until the period allowed for appeal against the direction has expired or, if an appeal has been instituted, until the appeal is finally determined or lapses.
Subsection (6) does not apply if written consent to the transfer has been given—
if the patient has attained 16 years of age and is capable of making decisions on his or her own behalf—by the patient; or
in any other case—by a person referred to in subsection (5)(a).
This Act’s bill:Second reading speech
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