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Relevant legislation and regulations

There are a number of Acts governing criminal law practice, procedure and sentencing principles with which the duty solicitor needs to be familiar in order to effectively assist and represent defendants who have a mental illness or impairment. These include:

South Australian offences:

Commonwealth offences:

The duty solicitor also needs to be aware of the provisions in the Mental Health Act 2009 (SA) which provide for voluntary and involuntary detention and treatment orders, as well as community treatment orders and treatment and care plans.

The duty solicitor may also encounter defendants who are affected by the provisions in the Guardianship and Administration Act 1993 (SA) which provides for the guardianship of people who are unable to look after their own health, safety and welfare.

Relevant legislation and regulations  :  Last Revised: Mon May 21st 2012