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Medical Practitioner Responsibilities under the Mental Health Act 2009

The Mental Health (Review) Amendment Act 2016 (www.legislation.sa.gov.au), which amends the Mental Health Act 2009 (the Act) commenced 5 June 2017.

Some changes affect all Medical Practitioners who might need to use the powers of the Act.These powers can apply across the range of clinical settings in which Medical Practitioners work; not just those providing mental health care.

All medical practitioners are now Authorised Officers under the Act.This means all medical practitioners can:

  • Use section 56 Care and Control powers
  • Make Level 1 Community Treatment Orders (CTO1)
  • Apply for a Level 2 Community Treatment Order (CTO2) or a variation or revocation of a CTO2n through the South Australian Civil and Administrative Tribunal (SACAT)
  • Make Level 1 Inpatient Treatment Orders (ITO1)
  • Seek variation or revocation of a Level 3 Inpatient Treatment Order by SACAT
  • Give urgent treatment if needed for the person’s mental health when a CTO1 or ITO 1 has been made or if a person is on an interstate treatment order.

These provisions ensure that a person who appears to be mentally ill can receive early treatment and care regardless of who sees them or where they are seen.

CTO1 and ITO1 forms, Statement of Rights and other information can be found at the Chief Psychiatrist’s website:https://www.chiefpsychiatrist.sa.gov.au/

Please contact the Office of the Chief Psychiatrist for Fact Sheets on the responsibilities of Authorised Officers and section 56 Care and Control Powers.

For further information, please visit the website (www.chiefpsychiatrist.sa.gov.au) or contact the Office of the Chief Psychiatrist on 8226 1091 or via email (healthocp@sa.gov.au).

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