Plain Language Guide: Mental Health Act 2009
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Information to assist in interpretation of the Mental Health Act 2009
The Mental Health Act 2009 provides South Australia with an improved legislative framework that sets out the rights of people with mental illness and assists with their recovery and participation in community life.
The Mental Health Act 2009 was proclaimed on 1 July 2010 and it:
The Chief Psychiatrist identified the need to delegate certain powers under the Mental Health Act 2009 in order to improve efficiencies in consumer management and mental health service provision.
These proposed delegations of powers are provided for under the following sections of the Mental Health Act 2009:
Delegation of powers under these sections may be absolute or conditional; does not derogate from the power of the delegator to act in a matter; and is revocable at will by the delegator.
Where delegations occur, the nominated individual will be required to identify themselves on the relevant approved forms.
A table listing the relevant sections of the Act, who the current powers sit with and proposed delegations (PDF 65KB) can be downloaded.
A table listing the powers recommended to stay with Directors of the treatment centres under the Act (PDF 101KB) can be downloaded.
The objects of the Act are to ensure that people with serious mental illness:
The Act introduces into South Australian legislation for the first time:
The guiding principles of the Act
The Act requires greater accountability, consistency and standardisation in all interactions between those who provide services and those who receive them.
The Act provides for care, treatment and rehabilitation in the least restrictive manner and gives limited powers to make orders for involuntary treatment.
The Office of the Chief Psychiatrist is developing a series of fact sheets about specific aspects of the Act. These documents will be made available as they are completed.