Prescribed Treatment

Prescribed treatment is a particular category of treatment defined in the Guardianship and Administration Act 1993 s 61 and the Mental Health Act 1993 s 22.

Under the Guardianship and Administration Act 1933 the following treatments are prescribed:

Sterilisation
Termination of pregnancy

Under the Mental Health Act 1993 there are two categories of prescribed treatment:

Category 1 — i.e. psychosurgery
Category 2 — i.e. electro-convulsive therapy

Where a person is unable to give their own effective consent due to mental incapacity or mental illness, the legislation states that the Guardianship Board is the only appropriate authority that can give consent for these prescribed treatments.

Where sterilisation is sought for a young person under 18 years, either the Guardianship Board or the Family Court has jurisdiction. Where someone is over the age of 18 years, only the Guardianship Board has jurisdiction in these matters.

Further information on this matter can be obtained from the Public Advocate, see Contact points.

Contact points

Office of the Public Advocate

Level 8, ABC Building

85 North East Road COLLINSWOOD SA 5081

PO Box 213 PROSPECT SA 5082

Telephone: 8269 7575, 1800 066 969 (country areas)

Fax: 8269 7490