An authorised officer may exercise care and control powers under the Mental Health Act 2009 (SA) when it appears to them that [s 56(1)(c)]:

This may be based on the officer’s observations of the person’s behaviour or appearance or reports about the person’s behaviour, appearance, or history [s 56(2)].

These powers can also be used when an authorised officer believes that a patient assistance or transport request has been made in relation to a patient or that the patient is absent without leave [s 56(1)(a) and (b)].

Authorised officers include mental health clinicians, ambulance officers, those employed as medical officers or flight nurses by the Royal Flying Doctor Services and any other people or classes of people approved by the Chief Psychiatrist by notice in the Gazette [s 3]. Some of those already gazetted include Emergency Department practitioners and nurses, medical practitioners, and private psychiatrists.

Other than the general power to take the person into their care and control in these circumstances, authorised officers also have the specific power to [s 56(3)]:

A search must be carried out quickly and in a manner that avoids causing the person any unnecessary humiliation or offence [s 56(7)]. Anything an authorised officer takes from a person may be kept for as long as necessary for safety reasons but must otherwise be returned or dealt with according to law [s 56(8)].

Where an authorised officer takes a person into their care and control on the basis that they appear to have a mental illness and be a significant risk to their self or others, they must transport the person to a treatment centre or other place for medical examination as soon as possible [s 56(4)(c)].

The care and control powers can continue for as long as reasonably required to facilitate examination or treatment [s 56(5)]. The powers can also be transferred by one police or authorised officer reporting to another authorised officer under section 56(2).

Statement of rights

Where an authorised officer takes a person into their care and control on the basis that they appear to have a mental illness and be a significant risk of harm to their self or others, they must give the person a copy of the statement of rights approved by the Chief Psychiatrist [s 56(4)(c)].

Different statements of rights apply in circumstances where a patient is subject to orders.

Police officers

Under section 57 of the Mental Health Act 2009 (SA), police officers have slightly different care and control powers. The main differences between the care and control powers of authorised officers [s 56] and police officers [s 57] are that:

Police also have a whole range of other powers at their disposal depending on the circumstances. For more information, please refer to Arrest, Your Rights and Bail and Protection of Children and Young People.