South Australia
Mental Health Regulations 1995
under the Mental Health Act 1993

Contents
1	Short title
2	Commencement
3	Revocation
4	Interpretation
5	Forms for the purposes of section 12 (detention)
6	Form for the purposes of section 14 (transfer of patient prior to admission)
7	Form for the purposes of section 15 (statement of legal rights)
8	Form for the purposes of section 16 (transfer of patients)
9	Leave of absence from centre (section 17)
10	Forms for the purposes of section 22 (consent to prescribed psychiatric treatment)
11	Transport of patients
12	Medical practitioner's right to recover fees
13	Prescribed scale of legal practitioner fees (section 27)
Schedule—Forms
Legislative history

1—Short title
These regulations may be cited as the Mental Health Regulations 1995.
2—Commencement
These regulations will come into operation on the day on which the Mental Health Act 1993 comes into operation.
3—Revocation
The Mental Health Regulations 1979 (see Gazette 13.9.1979 p714), as varied, are revoked.
4—Interpretation
In these regulations, unless the contrary intention appears—
the Act means the Mental Health Act 1993;
director, in relation to an approved treatment centre, means the person for the time being in charge of the treatment centre or a person duly authorised to admit patients to the treatment centre.
5—Forms for the purposes of section 12 (detention)
	(1)	Subject to subregulation (2), the following forms must be used in the exercise of powers under section 12 of the Act:
	(a)	making an order under section 12(1) for the initial detention of a voluntary patient, or the admission and initial detention of any other person—Form 1 of the Schedule;
	(b)	confirming or revoking under section 12(4) an initial detention order—Form 2 of the Schedule;
	(c)	making an order under section 12(5) for the further detention of a patient—Form 3 of the Schedule;
	(d)	making an order under section 12(6) for the further detention of a patient—Form 4 of the Schedule;
	(e)	revoking under section 12(8) any detention order made under section 12(5) or (6)—Form 5 of the Schedule.
	(2)	The forms prescribed for the purposes of section 14 of the Mental Health Act 1977 by the regulations revoked under regulation 3 may continue to be used during the period of 2 months from the commencement of these regulations.
6—Form for the purposes of section 14 (transfer of patient prior to admission)
If a patient is to be transferred to another approved treatment centre pursuant to section 14(2) of the Act, the instrument of transfer must be in the form of Form 6 of the Schedule.
7—Form for the purposes of section 15 (statement of legal rights)
For the purposes of section 15(1) of the Act, the statement of legal rights to be given to a patient on the commencement of his or her detention in an approved treatment centre must be in the form of Form 7 of the Schedule.
8—Form for the purposes of section 16 (transfer of patients)
In any exercise of powers under section 16 of the Act relating to the transfer of a patient from one approved treatment centre to another, the psychiatrist's certificate and instrument of transfer must be in the form of Form 8 of the Schedule.
9—Leave of absence from centre (section 17)
	(1)	In any exercise of powers under section 17 of the Act, the following forms must be used:
	(a)	granting a patient leave of absence from an approved treatment centre—Form 9 of the Schedule;
	(b)	cancelling any leave of absence—Form 10 of the Schedule.
	(2)	If the director of an approved treatment centre has cancelled a patient's leave of absence from the centre, the director must, unless of the opinion that it is not appropriate or practicable to do so, cause all reasonable steps to be taken to have a copy of the notice of cancellation served personally on the patient, before any action is taken to apprehend the patient.
10—Forms for the purposes of section 22 (consent to prescribed psychiatric treatment)
	(1)	In authorising and giving consent under section 22(1) to the administration of prescribed psychiatric treatment, the following forms must be used:
	(a)	for category A treatment (psychosurgery)—Form 11 of the Schedule;
	(b)	for category B treatment (electro convulsive therapy)—
	(i)	where the patient is capable of giving effective consent—Form 12 of the Schedule;
	(ii)	where the patient is incapable of giving effective consent and is under 16 years of age—Form 13 of the Schedule;
	(iii)	where the patient is incapable of giving effective consent and is 16 years of age or over—Form 14 of the Schedule.
	(2)	A patient, parent or guardian who signs a consent form contained in Form 12 or 13 must do so in the presence of a witness.
	(3)	A doctor or psychiatrist who has authorised the giving of prescribed psychiatric treatment to a patient cannot act as witness to the signing of the consent form by the patient or his or her parent or guardian.
11—Transport of patients
	(1)	If a request is made by a medical practitioner or the director of an approved treatment centre for the exercise of powers of apprehension or conveyance under the Act by a member of the police force or an ambulance officer, the request must be in the form of Form 15 of the Schedule.
	(2)	If a request is made to an ambulance service by the director of an approved treatment centre for the transport of a detained patient to another treatment centre, the request must be in the form of Form 15 of the Schedule.
	(3)	An ambulance service may recover from the department of the Minister the reasonable costs of the exercise of powers under the Act by any of the service's officers or for the transport of a detained patient from one approved treatment centre to another.
12—Medical practitioner's right to recover fees
If, pursuant to section 23(1) of the Act, a person is taken by a member of the police force to a medical practitioner for examination (not being a medical practitioner employed by an approved treatment centre), the medical practitioner may recover from the department of the Minister the reasonable costs of the examination.
13—Prescribed scale of legal practitioner fees (section 27)
For the purposes of section 27(3) of the Act, the prescribed scale for the fees that may be charged by a legal practitioner who represents an appellant before the Board pursuant to the scheme established by the Minister under that section is as follows:

1	For all preparatory work done prior to the commencement of the hearing of the appeal (including attending adjournments of the hearing date)—		
		(a)	if the appeal is certified by the Board as complex	$325.60	
		(b)	in any other case	$245.30	
2	For attending the hearing of the appeal, per hour or part of an hour—		
		(a)	if the appeal is certified by the Board as complex	$107.80	
		(b)	in any other case	$80.30	

Schedule—Forms

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1995	15	Gazette 2.3.1995 p763	6.3.1995: r 2	
2000	163	Gazette 6.7.2000 p35	6.7.2000: r 2	
2000	265	Gazette 23.11.2000 p3311	23.11.2000: r 2	
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2	
2008	244	Gazette 4.9.2008 p4233	5.9.2008: r 2	
Provisions varied
New entries appear in bold.
Provision	How varied	Commencement	
r 11			
r 11(3)	varied by 163/2000 r 3	6.7.2000	
r 12	varied by 163/2000 r 4	6.7.2000	
r 13	varied by 265/2000 r 3	23.11.2000	
Sch	heading substituted by 147/2003 Sch 1	12.6.2003