skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

How is Mental Health Treated?

Treatment may include medication, talking with health professionals and undertaking activities which help with recovery from the illness. This will be written down in a Treatment and Care Plan which is generally a requirement under the Mental Health Act 2009 (SA).

Can people be treated against their will?

Involuntary treatment can only occur when a medical practitioner or an authorised mental health professional concludes that [s 10(1), s 21(1)]: -

  • the person has a mental illness; and
  • because of the mental illness, the person requires treatment for their own protection from harm (including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and
  • the person has impaired decision-making capacity relating to appropriate treatment of the person's mental illness; and
  • there is no less restrictive means than the order for ensuring appropriate treatment of the person's illness.

The medical practitioner or authorised mental health professional must also consider, amongst other things, the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or (in considering inpatient treatment orders) on a community treatment order [s 10(2), s 21(2)].

Can children be treated against their will?

The Act applies to children in the same way as to adults. The only difference is that rights and obligations under the Act for those under the age of 16 years are transferred to their parent of guardian [s 4(1)].

Related Items. 
How is Mental Health Treated?  :  Last Revised: Fri Mar 18th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.