Mental Health (Review) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 21, page 13, lines 2 to 4 [clause 21(5), inserted subsection (7)]—

Delete 'A psychiatrist or authorised medical practitioner who has examined a patient to whom a level 2 inpatient treatment order applies may, once only, extend the order' and substitute:

A level 2 inpatient treatment order may, once only, be extended by a psychiatrist or authorised medical practitioner (other than the psychiatrist or authorised medical practitioner who made the order) who has examined the patient to whom the order applies

No. 2. Clause 25, page 13, after line 34—Insert:

(3) Section 29(3)—after 'to whom a' insert 'level 1,'

No. 3. New Clauses, page 34, after line 34—Insert:

67A—Amendment of section 79—Reviews of treatment orders and other matters

(1) Section 79(1)(a)—delete paragraph (a)

(2) Section 79(1)—after paragraph (c) insert:

(ca) a review of the circumstances involved in the making of an order to extend a level 2 inpatient treatment order (which review must be conducted as soon as practicable after the making of the order to extend a level 2 inpatient treatment order);

67B—Amendment of section 81—Reviews of orders (other than Tribunal orders)

(1) Section 81(1)—after 'review of the order by the Tribunal' insert:

under section 34 of the South Australian Civil and Administrative Tribunal Act 2013

(2) Section 81(1a)—delete subsection (1a)

(3) Section 81(2a)—delete 'not be constituted by a medical practitioner sitting alone' and substitute 'be constituted of at least 1 medical practitioner and 1 legal practitioner'

(4) Section 81(4) and (5)—delete subsections (4) and (5)

Consideration in committee.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.